Swiss Criminal Code 311.0

311.0

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Swiss Criminal Code of 21 December 1937 (Status as of 1 September 2017)

The Federal Assembly the Swiss Confederation, based on Article 123 paragraphs 1 and 3 of the Federal Constitution1,2 and having considered a Federal Council Dispatch dated 23 July 19183, decrees:

Book One:4 General Provisions Part One: Felonies and Misdemeanours Title One: Scope of Application

Art. 1 1. No penalty No one may be punished for an act unless it has been expressly de- without a law clared to be an offence by the law.

Art. 2 2. Commence- 1 This Code applies to any person who commits a felony or misde- ment of applicability of the meanour following the date on which it comes into force. Code 2 Any person who commits a felony or misdemeanour prior to this Code coming into force is only subject to its terms in the event that the penalty hereunder is reduced than the penalty that would otherwise apply.

AS 54 757, 57 1328 and BS 3 203 1 [BS 1 3]. The said provision now corresponds to Art. 123 of the Federal Constitution of 18 April 1999 (SR 101). 2 Amended by No I of the Federal Act of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). 3 BBl 1918 IV 1 4 Amended by No I of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 3 3. Territorial 1 Any person who commits a felony or misdemeanour in Switzerland scope of application is subject to this Code. Felonies or 2 misdemeanours If the person concerned has served a sentence in full or in part for the in Switzerland offence in another country, the Swiss court must take the sentence served into account in determining the sentence to be imposed. 3 If the person concerned has been prosecuted in a foreign country at the request of the Swiss authorities, then unless the offence involves a gross violation of the principles of the Federal Constitution or the Convention from 4 November 19505 for the protection of Human Rights and Fundamental Freedoms (ECHR), he is not prosecuted in Switzerland for the same offence if: a. the foreign court has acquitted him and the judgment has taken full legal effect; b. the penalty to which he had been sentenced in the foreign country has been served, suspended or has prescribed. 4 If the person prosecuted abroad at the request of the Swiss authorities has not served the sentence or has only served it in part, the whole sentence or the remainder shall be served in Switzerland. The court decides whether a measure that has not been executed abroad or has only been served in part must be executed or continued in Switzerland.

Art. 4 Felonies or 1 This Code also applies to any person who commits a felony or mis- misdemeanours against the state demeanour against the state or its national security (Art. 265–278). committed abroad 2 If the person concerned has been convicted of the offence and has served the sentence in full or in part in another country, the court shall take the sentence served into account in determining the sentence to be imposed.

Art. 5 Offences against 1 6 This Code also applies to any person who is in Switzerland, is not minors abroad being extradited and has committed any of the following offences abroad:

5 SR 0.101 6 Expression amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). This amendment has been made throughout the text.

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a.7 trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with a person incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age; abis.8 sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196); b. sexual acts with children (Art. 187) if the victim was less than 14 years of age; c.9 aggravated pornography (Art. 197 para. 3 and 4) if the items or performances depict sexual acts with minors. 2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR10, the person concerned is not liable to further prosecution in Switzerland for the offence if: a. he has been acquitted of the offence abroad in a legally binding judgment; b. the sentence that was imposed abroad has been served, waived, or has prescribed. 3 If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.

Art. 6 Offences 1 Any person who commits a felony or misdemeanour abroad that committed abroad Switzerland is obliged to prosecute in terms of an international con- prosecuted in vention is subject to this Code provided: terms of an international obligation a. the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of commission; and b. the person concerned remains in Switzerland and is not extradited to the foreign country.

7 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807). 8 Inserted by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 9 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 10 SR 0.101

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2 The court determines the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission. 3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR11, the person concerned is not liable to further prosecution in Switzerland if: a. he has been acquitted of the offence abroad in a legally binding judgment; b. the sentence that was imposed abroad has been executed, waived, or has prescribed. 4 If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.

Art. 7 Other offences 1 Any person who commits a felony or misdemeanour abroad where committed abroad the requirements of Articles 4, 5 or 6 are not fulfilled is subject to this Code if: a. the offence is also liable to prosecution at the place of commission or the place of commission is not subject to criminal law jurisdiction; b. the person concerned is in Switzerland or is extradited to Swit- zerland due to the offence; and c. under Swiss law extradition is permitted for the offence, but the person concerned is not being extradited. 2 If the person concerned is not Swiss and if the felony or misdemeanour was not committed against a Swiss person, paragraph 1 is applicable only if: a. the request for extradition was refused for a reason unrelated to the nature of the offence; or b. the offender has committed a particularly serious felony that is proscribed by the international community. 3 The court shall determine the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.

11 SR 0.101

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4 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR12, the person concerned is not liable to further prosecution in Switzerland for the offence if: a. he has been acquitted of the offence abroad in a legally binding judgment; b. the sentence that was imposed abroad has been served, waived, or has prescribed. 5 If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.

Art. 8 Place of 1 A felony or misdemeanour is considered to be committed at the place commission where the person concerned commits it or unlawfully omits to act, and at the place where the offence has taken effect 2 An attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where he intended the offence to take effect.

Art. 9 4. Personal scope 1 This Code does not apply to persons whose offences are subject to of application military criminal law. 2 For persons who have not attained the age of 18 at the time of the offence, the provisions of the Juvenile Criminal Law Act of 20 June 200313 (JCLA) are reserved. Where an offence committed before and after attaining the age of 18 must be judged, Article 3 paragraph 2 JCLA applies.14

Title Two: Criminal Liability

Art. 10 1. Felonies and 1 In this Code, felonies are distinguished from misdemeanours accord- misdemeanours Definition ing to the severity of the penalties that the offence carries.

12 SR 0.101 13 SR 311.1 14 Amended by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).

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2 Felonies are offences that carry a custodial sentence of more than three years. 3 Misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.

Art. 11 Commission by 1 A felony or misdemeanour may also be committed by a failure to omission comply with a duty to act. 2 A person fails to comply with a duty to act if he does not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of: a. the law; b. a contract; c. a risk-bearing community entered into voluntarily; or d. the creation of a risk. 3 Any person who fails to comply with a duty to act is liable to prosecution only if, on the basis of the elements of the offence concerned, his conduct is, in the circumstances, as culpable as it would have been had he actively committed the offence. 4 The court may reduce the sentence.

Art. 12 2. Intention and 1 Unless the law expressly provides otherwise, a person is only liable negligence Definitions to prosecution for a felony or misdemeanour if he commits it wilfully. 2 A person commits a felony or misdemeanour wilfully if he carries out the act in the knowledge of what he is doing and in accordance with his will. A person acts wilfully as soon as he regards the realisation of the act as being possible and accepts this. 3 A person commits a felony or misdemeanour through negligence if he fails to consider or disregards the consequences of his conduct due to a culpable lack of care. A lack of care is culpable if the person fails to exercise the care that is incumbent on him in the circumstances and commensurate with his personal capabilities.

Art. 13 Error of fact 1 If the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circumstances as the offender believed them to be.

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2 If the person concerned could have avoided the error had he exercised due care, he is liable to prosecution for his negligent act provided the negligent commission of the act is an offence.

Art. 14 3. Lawful acts Any person who acts as required or permitted by the law, acts lawfully and guilt Act permitted by even if the act carries a penalty under this Code or another Act. law

Art. 15 Legitimate self- If any person is unlawfully attacked or threatened with imminent defence attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances.

Art. 16 Mitigatory self- 1 If a person in defending himself exceeds the limits of self-defence as defence defined in Article 15 and in doing so commits an offence, the court shall reduce the sentence. 2 If a person in defending himself exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, he does not commit an offence.

Art. 17 Legitimate act in Any person who carries out an act that carries a criminal penalty in a situation of necessity order to save a legal interest of his own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so he safeguards interests of higher value.

Art. 18 Mitigatory act in 1 Any person who carries out an act that carries a criminal penalty in a situation of necessity order to save himself or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if he could reasonably have been expected to abandon the endangered interest. 2 If the person concerned could not have been reasonably expected to abandon the endangered interest, he does not commit an offence.

Art. 19 Absence of legal 1 If the person concerned was unable at the time of the act to appreci- responsibility due to a mental ate that his act was wrong or to act in accordance with this apprecia- disorder and tion of the act, he is not liable to prosecution. diminished responsibility

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2 If the person concerned was only partially able at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence. 3 Measures in accordance with Articles 59–61, 63, 64, 67, 67b and 67e may, however, be taken.15 4 If it was possible for the person concerned to avoid his state of mental incapacity or diminished responsibility and had he done so to foresee the act that may be committed in that state, paragraphs 1–3 do not apply.

Art. 20 Doubt as to legal If there are serious grounds for believing that the accused may be responsibility legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.

Art. 21 Error as to Any person who is not and cannot be aware that, by carrying out an unlawfulness act, he is acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.

Art. 22 4. Attempts 1 If, having embarked on committing a felony or misdemeanour, the Criminal liability for attempts offender does not complete the criminal act or if the result required to complete the act is not or cannot be achieved, the court may reduce the penalty. 2 If the offender fails to recognise through a serious lack of judgement that the act cannot under any circumstances be completed due to the nature of the objective or the means used to achieve it, no penalty is imposed.

Art. 23 Withdrawal and 1 If the person concerned of his own accord does not complete the active repentance criminal act or if he assists in preventing the completion of the act, the court may reduce the sentence or waive any penalty. 2 If two or more persons carry out or participate in a criminal act, the court may reduce the sentence or waive any penalty in respect of any person concerned who, of his own accord, assists in preventing the completion of the act.

15 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

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3 The court may also reduce the sentence or waive any penalty in respect of a person who withdraws from carrying out or participating in a criminal act if the withdrawal of the person concerned would have prevented the completion of the act had it not remained uncompleted for other reasons. 4 If one or more of the persons carrying out or participating in a criminal act makes a serious effort to prevent the completion of the act, the court may reduce the sentence or waive any penalty if an offence is committed irrespective of the efforts of that person or persons.

Art. 24 5. Participation 1 Any person who has wilfully incited another to commit a felony or a Incitement misdemeanour, provided the offence is committed, incurs the same penalty as applies to the person who has committed the offence. 2 Any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.

Art. 25 Complicity Any person who wilfully assists another to commit a felony or a misdemeanour is liable to a reduced penalty.

Art. 26 Participation in a If criminal liability is established or increased by a special obligation special offence on the part of the offender, a participant is liable to a reduced penalty.

Art. 27 Personal Special personal conditions, characteristics and circumstances that circumstances increase, reduce or exclude criminal liability are taken into account in the case of offenders or participants to which they apply.

Art. 28 6. Criminal 1 If an offence is committed and completed through publication in a liability of the media medium, then, subject to the following provisions, only the author is liable to prosecution. 2 If the author cannot be identified or if he cannot be brought to court in Switzerland, then the editor responsible in accordance with Article 322bis is liable to prosecution. If there is no responsible editor, then the person responsible for publication in accordance with Article 322bis is liable for prosecution. 3 If the publication has taken place without the knowledge or against the will of the author, then the editor or, in his absence, the person responsible for publication is liable to prosecution as the offender.

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4 The accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.

Art. 28a Protection of 1 If persons who are professionally involved in the publication of sources information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures. 2 Paragraph 1 does not apply if the court holds that: a. the evidence is required in order to save a person from immediate danger to life or limb; or b.16 without the evidence, a case of homicide under Articles 111–113 or a different felony that carries a minimum custodial sentence of three years, or an offence under Articles 187, 189–191, 197 paragraph 4, 260ter, 260quinquies, 305bis, 305ter and 322ter–322septies of this Code or under Article 19 paragraph 2 of the Narcotics Act of 3 October 195117 will not be solved or the persons suspected of committing the said offence may not be apprehended.

Art. 29 7. Agency A special obligation, the violation of which establishes or increases relationships criminal liability, and which is incumbent only on the legal entity, the company or the sole proprietorship18, is attributed to a natural person, if that person acts: a. as a governing officer or as a member of a governing officer of a legal entity; b. as a partner; c. as an employee with independent decision-making authority in his field of activity within a legal entity, a company or a sole proprietorship19; or d. without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.

16 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 17 SR 812.121 18 Footnote relevant to German text only. 19 Footnote relevant to German text only.

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Art. 30 8. Criminal 1 If an act is liable to prosecution only if a complaint is filed, any complaint Right to file a person who suffers harm due to the act may request that the person complaint responsible be prosecuted. 2 If the person suffering harm does not have the legal capacity to act, his legal representative is entitled to file a complaint. If he is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint.20 3 If the person suffering harm is a minor or if he is subject to a general deputyship, he is entitled to file a complaint if he is capable of judgement.21 4 If the person suffering harm dies without filing the criminal complaint or without expressly waiving his right to file the criminal complaint, his next of kin are entitled to file the complaint. 5 If an entitled person expressly waives his right to file a complaint, his waiver is final.

Art. 31 Time limit for The right to file a complaint expires after three months. The period filing a complaint begins on the day that the person entitled to file a complaint discovers the identity of suspect.

Art. 32 Indivisibility If an entitled person files a complaint against one person who partici- pated in the act, all the participants become liable to prosecution.

Art. 33 Withdrawal of a 1 The person entitled to file a complaint may withdraw the complaint at complaint any time before notice is given of the judgment of the second cantonal instance. 2 Any person who has withdrawn his complaint may not file it again. 3 If the entitled person withdraws his complaint against one suspect, the withdrawal applies to all suspects. 4 If a suspect objects to the withdrawal of the complaint against him, the withdrawal does not apply to him.

20 Second sentence amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). 21 Amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

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Title Three: Sentences and Measures Chapter One: Sentences Section One: Monetary Penalties, Community Service, Custodial Sentences

Art. 34 1. Monetary 1 Unless the law provides otherwise, a monetary penalty amounts to a penalty Assessment maximum of 360 daily penalty units. The court decides on the number according to the culpability of the offender. 2 A daily penalty unit amounts to a maximum of 3000 francs. The court decides on the value of the daily penalty unit according to the personal and financial circumstances of the offender at the time of conviction, and in particular according to his income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level. 3 The authorities of the Confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit. 4 The number and value of the daily penalty units must be stated in the judgment.

Art. 35 Execution 1 The executive authority shall specify that the offender make payment within a period of between one and twelve months. It may stipulate payment by instalments and on request may extend the period allowed. 2 If there is justified suspicion that the offender will fail to pay the monetary penalty, the executive authority may request immediate payment or the provision of security. 3 If the offender fails to pay the monetary penalty within the specified period, the executive authority shall instruct the debt collection proceedings provided their success is expected.

Art. 36 Alternative 1 In the event that the offender fails to pay the monetary penalty and it custodial sentence is not recoverable through debt collection procedures (Art. 35 para. 3), the offender shall serve a custodial sentence as the alternative to the monetary penalty. A daily penalty unit corresponds to one day in custody. The retrospective payment of the monetary penalty leads to a corresponding reduction in the alternative custodial sentence. 2 If the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence.

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3 If the offender is unable to pay the monetary penalty because the circumstances relevant to the assessment of the daily penalty unit have worsened since conviction through no fault of his own, he may request the court to defer the execution of the alternative custodial sentence and instead to: a. extend the deadline for payment for up to 24 months; or b. reduce the daily penalty unit; or c. order community service. 4 If the court orders community service, Articles 37, 38 and 39 paragraph 2 apply. 5 In the event that the offender fails to pay the monetary penalty despite being granted an extended deadline for payment or a reduced daily penalty unit or fails to perform the community service despite being warned of the consequences, the alternative custodial sentence is executed.

Art. 37 2. Community 1 The court may, with consent of the offender, order community ser- service Type of work vice of a maximum of 720 hours as an alternative to a custodial sentence of less than six months or a monetary penalty not exceeding 180 daily penalty units. 2 Community service is performed for the benefit of welfare institutions, projects in the public interest or persons in need. No remuneration is paid for the work done.

Art. 38 Execution The executive authority shall stipulate a period of no more than two years in which the offender must perform the community service.

Art. 39 Conversion 1 If, despite being warned of the consequences, the offender fails to perform the community service in accordance with the judgment or the conditions and requirements imposed by the competent authority, the court shall convert the community service order into a monetary penalty or a custodial sentence. 2 Four hours of community service corresponds to one daily penalty unit of a monetary penalty or one day of a custodial sentence. 3 A custodial sentence may only be imposed if it is to be expected that a monetary penalty may not be paid.

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Art. 40 3. Custodial The duration of the custodial sentence is normally no less than six sentence In general months; the maximum term is 20 years. Where the law expressly provides, the custodial sentence is for life.

Art. 41 Short unsus- 1 The court may impose an immediate custodial sentence of up to six pended custodial sentence months only if the requirements for a suspended sentence (Art. 42) are not fulfilled and it is to be expected that a monetary penalty may not be paid or community service not completed. 2 It must explain why it has decided to impose this form of penalty. 3 The right is reserved to impose a custodial sentence in place of a monetary penalty (Art. 36) or uncompleted community service (Art. 39).

Section Two: Suspended and Partially Suspended Sentences

Art. 42 1. Suspended 1 The court shall normally suspend the execution of a monetary penal- sentences ty, a community service order or a custodial sentence of at least six months and no more than two years if an unsuspended sentence does not appear to be necessary in order to deter the offender from committing further felonies or misdemeanours. 2 If the offender received a suspended or unsuspended custodial sentence of at least six months or a monetary penalty of at least 180 daily penalty units within the five years prior to the offence, the sentence may only be suspended where the circumstances are especially favour- able. 3 The suspension of the execution of a sentence may also be refused if the offender has failed to make a reasonable effort to compensate for any loss or damage he may have caused. 4 A suspended sentence may be combined with an unsuspended monetary penalty or with a fine in accordance with Article 106.22

Art. 43 2. Partially 1 The court may partially suspend the execution of a monetary penalty, suspended sentences a community service order or a custodial sentence of at least one year

22 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

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and no more than three years if this is necessary in order to take sufficient account of the culpability of the offender. 2 The part of the sentence that must be executed immediately may not exceed one half of the sentence. 3 In the case of a partially suspended custodial sentence, both the suspended and the unsuspended part must amount to at least six months. The provisions on the granting of parole (Art. 86) do not apply to the unsuspended part of the sentence.

Art. 44 3. General 1 If the court suspends the execution of a sentence in full or in part, it provisions Probationary shall make the offender subject to a probationary period of from two to period five years. 2 The court may order probation assistance and impose conduct orders for the duration of the probationary period. 3 The court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender.

Art. 45 Successful If the offender is of good conduct until the expiry of the probationary completion of probation period, the postponed sentence is not executed.

Art. 46 Breach of 1 If the offender commits a felony or misdemeanour during the proba- probation tionary period and if it therefore must be expected that he will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. It may modify the form of the revoked sentence in order to form a cumulative sentence with the new sentence in the analogous application of Article 49. In doing so it may impose an immediate custodial sentence only if the cumulative sentence amounts to a minimum of six months or the requirements of Article 41 are fulfilled. 2 If it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. It may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. The court may order probation assistance and impose conduct orders for the duration of the extended probationary period. If the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered. 3 The court that judges the new felony or misdemeanour also decides on revocation.

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4 If the offender fails to attend for probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 apply. 5 Revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.

Section Three: Determination of the Sentence

Art. 47 1. Principle 1 The court determines the sentence according to the culpability of the offender. It takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on his life. 2 Culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.

Art. 48 2. Mitigation of The court shall reduce the sentence if: the sentence Grounds a. the offender acted: 1. for honourable motives, 2. while in serious distress, 3. while of the view that he was under serious threat, 4. at the behest of a person whom he was duty bound to obey or on whom he was dependent; b. the offender was seriously provoked by the conduct of the person suffering injury; c. the offender acted in a state of extreme emotion that was excusable in the circumstances or while under serious psychological stress; d. the offender has shown genuine remorse, and in particular has made reparation for the injury, damage or loss caused, insofar as this may reasonably be expected of him; e. the need for punishment has been substantially reduced due to the time that has elapsed since the offence and the offender has been of good conduct in this period.

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Art. 48a Effect 1 If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries. 2 The court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.

Art. 49 3. Concurrent 1 If the offender, by committing one or more offences, has fulfilled the sentencing requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropri- ately increased level. It may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty. 2 If the court must pass sentence on an offence that the offender committed before he was sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than he would have been had the sentences been imposed at the same time. 3 If the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.

Art. 50 4. Obligation to Where a judgment must be justified, the court shall also specify the justify circumstances taken into account in determining the sentence and their weighting.

Art. 51 5. Taking When determining the sentence, the court shall take account of any account of pre- trial detention period in pre-trial detention that the offender has served in respect of the proceedings in question or any other proceedings. One day in detention corresponds to one daily penalty unit of a monetary penalty or four hours of community service.

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Section Four: Exemption from Punishment and Abandonment of Proceedings23

Art. 52 1. Grounds for The competent authority shall refrain from prosecuting the offender, exemption from punishment bringing him to court or punishing him if the level of culpability and No need for a consequences of the offence are negligible. penalty24

Art. 53 Reparation If the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that he has caused, the competent authority shall refrain from prosecuting him, bringing him to court or punishing him if: a. the requirements for a suspended sentence (Art. 42) are fulfilled; and b. the interests of the general public and of the persons harmed in prosecution are negligible.

Art. 54 Effect on the If the offender is so seriously affected by the immediate consequences offender of his act of his act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting him, bringing him to court or punishing him.

Art. 55 2. General 1 The court shall refrain from revoking a suspended sentence and in provisions the case of the parole from a recall if the requirements for an exemption from punishment are met. 2 The cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under Articles 52, 53 and 54.

23 Amended by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 24 Amended by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

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Art. 55a25 3. Discontinua- 1 In a case of common assault (Art. 123 no. 2 para. 3–5), repeated acts tion of proceed- bis ings. Spouse, of aggression (Art. 126 para. 2 let. b, b and c), threatening behaviour registered (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the partner, or partner as court may suspend the proceedings if:27 victim26 a.28 the victim: 1. is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or 2. is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or 3. is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; and b. the victim or, if he or she lacks legal capacity, his or her legal representative so requests or if the victim or his or her legal representative consents to a corresponding application from the competent authority. 2 The proceedings are resumed if the victim or, if he or she lacks legal capacity, his or her legal representative revokes consent in writing or verbally within six months of the suspension of the proceedings.29 3 If consent is not revoked, the public prosecutor or the court shall order the abandonment of the proceedings.30 4 …31

25 Inserted by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 26 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 27 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 28 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 29 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 30 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 31 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

19 311.0 Swiss Criminal Code

Chapter Two: Measures Section One: Therapeutic Measures and Indefinite Incarceration

Art. 56 1. Principles 1 A measure is ordered if: a. a penalty alone is not sufficient to counter the risk of further offending by the offender; b. the offender requires treatment or treatment is required in the interest of public safety; and c. the requirements of Articles 59–61, 63 or 64 are fulfilled. 2 The ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences. 3 In ordering a measure under Articles 59–61, 63 and 64 and in modi- fying the sanction in accordance with Article 65, the court shall base its decision on an expert assessment. This shall provide an opinion on: a. the necessity and the prospects of success of any treatment of the offender; b. the nature and the probability of possible additional offences; and c. the ways in which the measure may be implemented. 4 If the offender has committed an offence in terms of Article 64 paragraph 1, the assessment must be conducted by an expert who has neither treated the offender before nor been responsible in any other way for his care. 4bis If consideration is given to ordering lifelong incarceration in accordance with Article 64 paragraph 1bis, the court shall base its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care.32 5 Normally the court only orders a measure if a suitable institution is available. 6 Where the requirements for a measure are no longer fulfilled, it is revoked.

32 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

20 Book One: General Provisions 311.0

Art. 56a Concurrent 1 If two or more measures are equally suitable but only one is neces- measures sary, the court shall order the measure that is more convenient for the offender. 2 If two or more measures are necessary, the court may order these concurrently.

Art. 57 Relationship 1 If the requirements for both a penalty and a measure are fulfilled, the between measures and court shall order both sanctions. penalties 2 The implementation of a measure under Articles 59–61 takes precedence over a custodial sentence that is imposed at the same time or which is executed through revocation of a suspended sentence or recall to custody. Likewise, the reactivation of the execution of a measure in accordance with Article 62a takes precedence over a cumulative sentence imposed at the same time. 3 The deprivation of liberty associated with the measure must be taken into account in determining the penalty.

Art. 58 Implementation 1 …33 2 The therapeutic institutions in terms of Articles 59–61 must be managed separately from penal institutions.

Art. 59 2. In-patient 1 If the offender is suffering from a serious mental disorder, the court therapeutic measures may order in-patient treatment if: Treatment of mental disorders a. the offender's mental disorder was a factor in a felony or misdemeanour that he committed; and b. it is expected that the measure will reduce the risk of further offences being committed in which his mental disorder is a factor. 2 The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution. 3 If there is a risk of the offender absconding or committing further offences, he shall be treated in a secure institution. He may also be treated in a penal institution in accordance with Article 76 paragraph 2,

33 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

21 311.0 Swiss Criminal Code

provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff.34 4 The deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. If the requirements for parole have not yet been fulfilled after five years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his mental disorder is a factor, the court may at the request of the executive authority order the extension of the measure for a maximum of five years in any case.

Art. 60 Treatment of 1 If the offender is dependent on addictive substances or in any other addiction way dependent, the court may order in-patient treatment if: a. the offender's dependence was a factor in the felony or misdemeanour that he committed; and b. it is expected that treatment will reduce the risk of further offences being committed in which his dependence is a factor. 2 The court shall take account of the offender's request for and readi- ness to undergo treatment. 3 The treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. It must be adjusted to the special needs of the offender and the state of his health. 4 The deprivation of liberty associated with in-patient treatment shall normally amount to a maximum of three years. If the requirements for parole have not yet been fulfilled after three years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his dependence is a factor, the court may at the request of the executive authority on one occasion only order the extension of the measure for a maximum of one further year. In the event of an extension and the recall to custody following parole, the deprivation of liberty associated with the measure may not exceed a maximum of six years.

Art. 61 Measures for 1 If the offender was under 25 years of age at the time of the offence young adults and if he is suffering from a serious developmental disorder, the court may commit him to an institution for young adults if: a. the offender's developmental disorder was a factor in the felony or misdemeanour that he committed; and

34 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

22 Book One: General Provisions 311.0

b. it is expected that the measure will reduce the risk of further offences being committed in which his developmental disorder is a factor. 2 Institutions for young adults must be managed separately from other institutions and facilities under this Code. 3 The offender should be taught the skills needed to live independently and without further offending. In particular, he should be encouraged to undergo basic and advanced vocational and professional training. 4 The deprivation of liberty associated with the measure amounts to a maximum of four years. In the event of the recall to custody following release on parole, it may not exceed a maximum of six years. The measure must be revoked when the offender reaches the age of 30. 5 If the offender was convicted of an offence committed before he was 18 years of age, the measure may be implemented in an institution for minors.

Art. 62 Parole 1 The offender is released on parole from undergoing an in-patient measure as soon as his condition justifies his being given the liberty to prove himself. 2 In the case of release on parole from a measure under Article 59, the probationary period amounts to one to five years, and in the case of release on parole from a measure under Articles 60 and 61, from one to three years. 3 The person released on parole may be required to undergo out-patient treatment during the probationary period. The executive authority may order probation assistance and issue conduct orders for the duration the probationary period. 4 If on expiry of the probationary period, a continuation of the out- patient treatment, the probation assistance or the conduct orders is considered necessary in order to reduce the risk of further felonies and misdemeanours being committed that are associated with the condition of the person released on parole, the court may at the request of the executive authority extend the probationary period as follows: a. by one to five years in the case of release on parole from a measure in accordance with Article 59; b. by one to three years in the case of release on parole from a measure under Articles 60 and 61. 5 The probationary period following release on parole from a measure under Articles 60 and 61 may not exceed six years. 6 If the offender has committed an offence in terms of Article 64 paragraph 1, the probationary period may be extended as often as is

23 311.0 Swiss Criminal Code

considered necessary to prevent further such offences being committed.

Art. 62a Breach of 1 If a person released on parole commits an offence during the proba- probation tionary period and thus demonstrates that the risk that the measure was intended to reduce is still present, the court assessing the new offence may, after consulting the executive authority: a. order his recall to custody; b. revoke the measure and, provided the relevant requirements are fulfilled, order a new measure; or c. revoke the measure and, provided the relevant requirements are fulfilled, order the execution of a custodial sentence. 2 If as a result of the new offence the requirements for an unsuspended custodial sentence are fulfilled and if this sentence runs concurrently with a custodial sentence that has been suspended to give precedence to the measure, the court shall impose a cumulative sentence in application of Article 49. 3 If as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that he could commit an offence in terms of Article 64 paragraph 1, the court that ordered the measure may, at the request of the executive authority, order a recall to custody. 4 For a measure under Article 59, the recall to custody is for a maximum period of five years, and for measures under Articles 60 and 61 for a maximum period of two years. 5 If the court decides against a recall to custody or a new measure, it may: a. admonish the person released on parole; b. order out-patient treatment or probation assistance; c. impose conduct orders on the person released on parole; and d. extend the probationary period by from one to five years in the case of a measure under Article 59, and by from one to three years in the case of a measure under Articles 60 and 61. 6 If the person released on parole fails to comply with the terms of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.

Art. 62b Final release 1 If the person released on parole successfully completes the probationary period, he is granted final release.

24 Book One: General Provisions 311.0

2 The offender is granted final release if the maximum duration of a measure under Articles 60 and 61 is reached and the requirements for the parole apply. 3 If deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is not executed.

Art. 62c Termination of a 1 A measure is terminated, if: measure a. its implementation or continuation appears to have no prospect of success; b. the maximum duration under Articles 60 and 61 has been reached and the requirements for the parole do not apply; or c. a suitable institution does not exist or no longer exists. 2 If the deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is executed. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended. 3 Instead of ordering the execution of the sentence, the court may order another measure if it is to be expected that such a measure will reduce the risk of the offender committing further felonies and misdemeanours in which his condition is a factor. 4 If there is a serious expectation that if a measure ordered in respect of an offence in terms of Article 64 paragraph 1 is terminated, the offender will commit further such offences, the court may at the request of the executive authority order his indefinite incarceration. 5 If the competent authority regards an adult protection measure to be appropriate on the termination of the measure, it shall inform the adult protection authority of this.35 6 Furthermore, the court may terminate an in-patient therapeutic measure before or during its implementation and order another in-patient therapeutic measure in its place if it is expected that the new measure has a significantly better chance of reducing the risk of the offender committing further felonies and misdemeanours in which his condition is a factor.

35 Amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

25 311.0 Swiss Criminal Code

Art. 62d Consideration of 1 The competent authority shall on request or ex officio consider release and the termination of whether and when the offender should be released on parole from the measures implementation of the measure or whether the measure should be terminated. It makes a decision on such matters at least once each year. It shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution. 2 If the offender committed an offence in terms of Article 64 paragraph 1, the competent authority shall reach its decision on the basis of the expert opinion of an independent specialist and after hearing a committee comprising representatives of the prosecution services, the execution authorities and one or more psychiatrists. The specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender.

Art. 63 3. Out-patient 1 If the offender is suffering from a serious mental disorder or if he is treatment Requirements dependent on addictive substances or in any other way, the court may and implementa- order that he receive out-patient rather than in-patient treatment if: tion a. the offender commits an offence in which his condition is a factor; and b. it is expected that the measure will reduce the risk of further offences being committed in which his condition is a factor. 2 The court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. It may order probation assistance and issue conduct orders for the duration the treatment. 3 The competent authority may order the offender to be treated temporarily as an in-patient if this is required in order to initiate the out- patient treatment. The period of in-patient treatment may not exceed two months. 4 The period of out-patient treatment may not normally exceed five years. If the continuation of the out-patient treatment is considered necessary at the end of the five-year period in order to reduce the risk of further felonies and misdemeanours in which a mental disorder is a factor, the court may at the request of the executive authority continue the treatment for a further period of from one to five years.

26 Book One: General Provisions 311.0

Art. 63a Termination of 1 The competent authority shall assess at least once each year whether the measure the out-patient treatment should be continued or terminated. It shall first grant a hearing to the offender and obtain a report from the thera- pists. 2 The out-patient treatment is terminated by the competent authority if: a. it has been successfully completed; b. its continuation appears to have no prospect of success; or c. the statutory maximum duration for the treatment of an alcohol, drug or therapeutic product dependent person has been reached. 3 If the offender commits a further offence during the out-patient treatment and thus demonstrates that this form of treatment will proba- bly be unsuccessful in averting the risk of offences being committed in which the condition of the offender is a factor, the unsuccessful treatment shall be terminated by order of the court assessing the new offence. 4 If the offender fails to comply with the conditions of probation assistance or if he disregards the conduct orders, Article 95 paragraphs 3–5 applies.

Art. 63b Execution of the 1 If the out-patient treatment has been successfully completed, the suspended custodial suspended custodial sentence is not executed. sentence 2 If out-patient treatment is terminated due to there being no prospect of success (Art. 63a para. 2 let. b), the statutory maximum duration being reached (Art. 63a para. 2 let. c) or its being unsuccessful (Art. 63a para. 3), the suspended custodial sentence is executed. 3 If out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served. 4 The court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended. 5 Instead of the execution of the sentence the court may order an in- patient therapeutic measure under Articles 59–61 if it is to be expected that this will reduce the risk of the offender committing further felonies or misdemeanours in which his condition is a factor.

27 311.0 Swiss Criminal Code

Art. 64 4. Indefinite 1 The court shall order indefinite incarceration if the offender has incarceration Requirements committed murder, intentional homicide, serious assault, rape, rob- and execution bery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which he has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:36 a. due to the personality traits of the offender, the circumstances of the offence and his general personal circumstances, it is seriously expected that he will commit further offences of the same type; or b. due to a permanent or long-term mental disorder of considera- ble gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with Article 59 does not promise any success. 1bis The court shall order lifelong incarceration if the offender has committed murder, intentional homicide, serious assault, robbery, rape, indecent assault, false imprisonment or abduction, hostage- taking, enforced disappearance of persons, trafficking in human beings, genocide, or a felony under the heading of crimes against humanity or war crimes (Title Twelve) and if the following requirements are met:37 a. the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person. b. There is a high probability that the offender will commit one of these felonies again. c. The offender is assessed as being permanently untreatable, as the treatment offers no long-term prospect of success.38 2 The execution of the custodial sentence takes priority over indefinite incarceration. The provisions on parole in relation to the custodial sentence (Art. 86–88) do not apply.39

36 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 37 Amended by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453). 38 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). 39 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

28 Book One: General Provisions 311.0

3 If during the execution of the custodial sentence, it is expected that the offender will prove to be of good behaviour when at liberty, the court shall order parole from the custodial sentence at the earliest from the time when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. The court that ordered indefinite incarceration is responsible for the decision on parole. In addition, Article 64a applies.40 4 Indefinite incarceration is executed in a therapeutic institution or in a penal institution in accordance with Article 76 paragraph 2. Public safety must be guaranteed. The offender receives psychiatric care if this is necessary.

Art. 64a Revocation and 1 The offender is released on parole from indefinite incarceration in release accordance with Article 64 paragraph 1 as soon as it is expected that he will be of good behaviour when at liberty.41 The probationary period amounts to two to five years. For the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed. 2 If on expiry of the probationary period a continuation of the probation assistance or the conduct orders is considered to be necessary in order to reduce the risk of further offences in terms of Article 64 paragraph 1, the court may at the request of the executive authority extend the probationary period by a further two to five years. 3 If due to his conduct during the probationary period, it is seriously expected that the offender may commit further offences in terms of Article 64 paragraph 1, the court at the request of the executive authority shall order his recall to custody. 4 If the offender when released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies. 5 If the offender when released on parole is of good behaviour until the expiry of the probationary period, he is granted final release.

40 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 41 Amended by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

29 311.0 Swiss Criminal Code

Art. 64b42 Consideration of 1 The competent authority shall consider on request or ex officio: release a. at least once annually, and for the first time after two years have lapsed, whether and when the offender may be released on parole from indefinite incarceration (Art. 64a para. 1); b. at least every two years, and for the first time before indefinite incarceration takes effect, whether the requirements for an in- patient therapeutic treatment have been fulfilled and whether a related application should therefore be made to the competent court (Art. 65 para. 1). 2 The competent authority makes its decisions in terms of paragraph 1 based on: a. a report from the institution board; b. an independent specialist assessment in terms of Article 56 paragraph 4; c. its hearing of a committee in accordance with Article 62d paragraph 2; d. its hearing of the offender.

Art. 64c43 Consideration of 1 In cases of lifelong incarceration under Article 64 paragraph 1bis the release from lifelong incar- competent authority shall consider ex officio or on application whether ceration and there are any new scientific findings that lead to the expectation that parole the offender can be treated so that he will no longer pose a risk to the public. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration. 2 If the competent authority concludes that the offender can be treated, it shall offer him the option of treatment. Treatment is carried out in a secure institution. Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply. 3 If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that he no longer poses a risk to the public, the court shall revoke the order imposing lifelong incarceration and order an in-patient therapeutic measure in accordance with Articles 59–61 in a secure institution.

42 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 43 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

30 Book One: General Provisions 311.0

4 The court may grant the offender parole from lifelong incarceration if he no longer poses a risk to the public due to old age, serious illness or on other grounds. Parole is governed by Article 64a. 5 The court that ordered lifelong incarceration is responsible for decid- ing whether parole should be granted. It bases its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care. 6 Paragraphs 1 and 2 also apply during the execution of the custodial sentence that precedes lifelong incarceration. Lifelong incarceration shall be revoked in accordance with paragraph 3 at the earliest when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence.

Art. 65 5. Modification 1 If an offender fulfils the requirements for an in-patient therapeutic of the sanction measure in terms of Articles 59–61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with Article 64 paragraph 1, the court may order this measure retrospectively.44 The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred. 2 If during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. Jurisdiction and procedure are determined by the rules that apply to re-opening a case.45

Section Two: Other Measures

Art. 66 1. Good 1 If there is the risk that a person will commit a felony or misdemean- behaviour bond our that he has threatened to commit, or if a person convicted of a felony or of a misdemeanour indicates the clear intention to repeat the offence, the court may, at the request of the person threatened, obtain a

44 Amended by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). 45 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

31 311.0 Swiss Criminal Code

promise from the offender that he will not commit the offence and require him to deposit appropriate security therefor. 2 If he refuses to make the promise, or fails to deposit the security within the specified period, the court may require him to make the promise or deposit the security by imposing a period of detention for security reasons. The period of detention for security reasons may not be for more than two months. It is executed in the same way as a short custodial sentence (Art. 79). 3 If the offender commits the felony or the misdemeanour within two years of depositing the security, the security is forfeited to the State. If no offence is committed, the security is returned.

Art. 66a46 1a. Expulsion. 1 The court shall expel foreign nationals from Switzerland for a period a. Mandatory expulsion of 5–15 years if they are convicted of any of the following offences, irrespective of the sentence imposed: a. intentional homicide (Art. 111), murder (Art. 112), manslaughter (Art. 113), inciting and assisting suicide (Art. 115), illegal abortion (Art. 118 para. 1 and 2); b. serious assault (Art. 122), female genital mutilation (Art. 124 para. 1), abandonment (Art. 127), endangering life (Art. 129), attack (Art. 134); c. aggravated misappropriation (Art. 138 para. 2), aggravated theft (Art. 139 para. 2 and 3), robbery (Art. 140), fraud for commercial gain (Art. 146 para. 2), computer fraud for commercial gain (Art. 147 para. 2), misuse of a cheque card or credit card for commercial gain (Art. 148 para. 2), aggravated extortion (Art. 156 para. 2–4), profiteering for commercial gain (Art. 157 para. 2), handling stolen goods for commercial gain (Art. 160 para. 2); d. theft (Art. 139) in conjunction with unlawful entry (Art. 186); e. fraud (Art. 146 para. 1) related to social insurance or social assistance, unlawful claims for social insurance or social assistance benefits (Art. 148a para. 1); f. fraud (Art. 146 para. 1), fraud in relation to administrative services and charges (Art. 14 para. 1, 2 and 4 of the Federal Act of 22 March 197447 on Administrative Criminal Law) or tax fraud, misappropriation of taxes deducted at source or any oth-

46 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 47 SR 313.0

32 Book One: General Provisions 311.0

er offence related to public charges that carries a maximum penalty of a one-year custodial sentence or more; g. forced marriage, forced registered partnership (Art. 181a), trafficking in human beings (Art. 182), false imprisonment and abduction (Art. 183), aggravated false imprisonment and abduction (Art. 184), hostage taking (Art. 185); h. sexual acts with children (Art. 187 para. 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), encouraging prostitution (Art. 195), pornography (Art. 197 para. 4 second sentence); i. arson (Art. 221 para. 1 and 2), wilfully causing an explosion (Art. 223 para. 1 no 1), misuse of explosives and toxic gases with criminal intent (Art. 224 para. 1), wilfully causing danger without criminal intent (Art. 225 para. 1), manufacture, concealment and transport of explosives and toxic gases (Art. 226), causing danger by means of nuclear energy, radioactivity and ionising radiation (Art. 226bis), preparatory offences (Art. 226ter), wilfully causing a flood or collapse (Art. 227 para. 1 no 1), criminal damage to electrical installations, and hydraulic or protective structures (Art. 228 para. 1 no 1); j. wilfully causing danger by means of genetically modified or pathogenic organisms (Art. 230bis para. 1), wilful transmission of human diseases (Art. 231 para. 1), wilful contamination of drinking water (Art. 234 para. 1); k. aggravated disruption of public traffic (Art. 237 para. 1 no 2), wilful disruption of rail traffic (Art. 238 para. 1); l. acts preparatory to the commission of an offence (Art. 260bis para. 1 and 3), participation in or support for a criminal organisation (Art. 260ter), endangering public safety with weapons (Art. 260quater), financing terrorism (Art. 260quinquies); m.. genocide (Art. 264), felonies against humanity (Art. 264a), serious violations of the Geneva Conventions of 12 August 194948 (Art. 264c), other war crimes (Art. 264d–264h); n. wilful violations of Article 116 paragraph 3 or Article 118 paragraph 3 of the Foreign Nationals Act of 16 December 200549; o. violation of Article 19 paragraph 2 or 20 paragraph 2 of the Narcotics Act of 3 October 195150 (NarcA). 2 The court may by way of exception refrain from ordering expulsion if it would cause serious personal hardship to the foreign national concerned and the public interest in expulsion does not outweigh the

48 SR 0.518.12, 0.518.23, 0.518.42, 0.518.51 49 SR 142.20 50 SR 812.121

33 311.0 Swiss Criminal Code

private interest of the foreign national in remaining in Switzerland. In such cases, account must be taken of the special position of foreign nationals who were born or have grown up in Switzerland. 3 The court may also refrain from ordering expulsion if the offence was committed in justifiable self-defence (Art. 16 para. 1) or in a justifiable situation of necessity (Art. 18 para. 1).

Art. 66abis 51 b. Non- The court may expel a foreign national from Switzerland for 3–15 mandatory expulsion years if he is convicted and sentenced or made subject to a measure under Articles 59–61 or 64 for a felony or misdemeanour that is not listed in Article 66a.

Art. 66b52 c. Common 1 Any person who has been made subject to an expulsion order who provisions. Repeat offence commits a further offence that meets the requirements for expulsion under Article 66a shall be expelled again for 20 years. 2 Lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.

Art. 66c53 d. Time of 1 The expulsion order applies from the date on which the judgment enforcement becomes legally enforceable. 2 Before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed. 3 The expulsion order is enforced as soon as the offender is condition- ally or finally released from the execution of criminal penalties or measures or the custodial measure is revoked, provided that the remainder of sentence need not be executed and no other such measure has been ordered. 4 If a person subject to an expulsion order is transferred to his home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer.

51 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 52 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 53 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

34 Book One: General Provisions 311.0

5 The duration of expulsion is calculated from the day on which the offender leaves Switzerland.

Art. 66d54 e. Deferring 1 The enforcement of a mandatory expulsion order under Article 66a enforcement of 55 mandatory may only be deferred if: expulsion a. the person concerned is recognised by Switzerland as a refugee and, if expelled, his life or his freedom would be endangered due to his race, religion, nationality, affiliation to a specific social group or his political views; the foregoing does not apply to a refugee who may not invoke the ban on refoulement under Article 5 paragraph 2 of the Asylum Act of 26 June 199856; b. expulsion would violate other mandatory provisions of international law. 2 In reaching its decision, the competent cantonal authority must assume that expulsion to a state deemed safe by the Federal Council in accordance with Article 6a paragraph 2 of the Asylum Act of 26 June 1998 does not violate Article 25 paragraphs 2 and 3 of the Federal Constitution.

Art. 6757 2. Prohibition 1 If a person has committed a felony or misdemeanour in the course of from carrying on an activity, carrying on a professional activity or an organised non-professional contact prohibi- activity, and has as a result received a custodial sentence in excess of tion and exclusion order six months or a monetary penalty of more than 180 daily units, and if a. Prohibition there is a risk that he will abuse his activity in order to commit a from carrying on an activity, further felony or misdemeanour, the court may prohibit him totally or requirements partially from carrying on this activity or comparable activities for a period of six months to five years. 2 If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in the course of carrying on a professional activity or an organised non- professional activity that involves regular contact with any minors or with other especially vulnerable persons he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years.

54 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 55 The correction of 21 June 2017, published on 11 July 2017 relates to the French text only (AS 2017 3695). 56 SR 142.31 57 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

35 311.0 Swiss Criminal Code

3 If a person is sentenced to a custodial sentence of more than six months, a monetary penalty of over 180 daily penalty units or a measure in accordance with Articles 59–61 or 64 for any of the following offences, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors for ten years: a. trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193) or encouraging prostitution (Art. 195), provided the offence is committed against a minor; b. sexual acts with children (Art. 187) or sexual acts with dependent persons (Art. 188); c. aggravated pornography (Art. 197 No 358), provided the content of the items or performances involved sexual acts with children. 4 If a person is sentenced to a custodial sentence of over six months, a monetary penalty of over 180 daily penalty units or a measure in accordance with Articles 59–61 or 64 for committing any of the following offences against an especially vulnerable adult person, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons for ten years: trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193) or encouraging prostitution (Art. 195). 5 If the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed. 6 The court may impose lifelong prohibition orders under paragraphs 2, 3 and 4 if it is probable that a term of ten years is insufficient to guarantee that the offender will no longer represent a risk. On application from the executive authority, it may extend limited prohibition orders under paragraphs 2, 3 and 4 by a maximum of five years in each

58 Art. 197 has now been reworked.

36 Book One: General Provisions 311.0

case if this is necessary to prevent the offender from committing further felonies and misdemeanours of the type that gave rise to the prohibition order. 7 The court may order probation assistance for the duration of the prohibition orders. It shall order probation assistance in every case in which a prohibition order has been imposed for an offence under paragraph 3 or 4.

Art. 67a59 Content and 1 Professional activities within the meaning of Article 67 are activities scope in exercise of a principal or secondary profession or trade or of a commercial enterprise. Organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation. 2 The prohibition from carrying on an activity under Article 67 includes activities that the offender carries on on a self-employed basis, as a governing officer of a legal entity or commercial enterprise, or as the agent or representative of another person or which he arranges to be carried on by a person dependent on his instructions. 3 If there is a risk that the offender will also misuse his activity in order to commit offences if he is subject to the orders and control of a superior or supervisor, he shall be totally prohibited from carrying on the activity. 4 Prohibition orders under Article 67 paragraphs 3 and 4 always apply to the entire activity.

Art. 67b60 b. Contact 1 If a person has committed a felony or misdemeanour against one or prohibition and exclusion order more specific persons or against persons in a specific group, and if there is a risk that he will commit further felonies or misdemeanours in the event of having contact with such persons, the court may impose a contact prohibition and exclusion order of up to five years. 2 By means of a contact prohibition and exclusion order the court may prohibit the offender from: a. contacting one or more specific persons or persons in a specific group directly or or via third parties, in particular by tele-

59 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 60 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

37 311.0 Swiss Criminal Code

phone, in writing or online, or employing, accommodating, educating, caring for such persons or associating with such persons in any other way; b. approaching a specific person or coming within a specific dis- tance of that person’s home; c. being present in specific locations, in particular specific streets, areas or districts. 3 The competent authority may use technical devices that are securely attached to the offender in order to enforce the prohibition order. These devices may in particular serve to determine the offender’s location. 4 The court may order probation assistance for the duration of the prohibition order. 5 On application from the executive authority, it may extend limited prohibition orders by a maximum of five years in each case if this is necessary to prevent the offender from committing further felonies and misdemeanours against minors or other especially vulnerable persons.

Art. 67c61 c. Common 1 A prohibition order comes into effect on the day on which the judg- provisions Enforcement of ment takes full legal effect. prohibition 2 orders The duration of a custodial sentence or of a custodial measure (Art. 59–61 and 64) is not taken into account in determining the term of the prohibition order. 3 If the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted. 4 If the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under Article 67 paragraph 1 or Article 67b, or on whether the prohibition order should be revoked. 5 The offender may apply to the competent authority for a modification of the conditions or term of the prohibition order, or to have the prohibition order revoked:

61 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

38 Book One: General Provisions 311.0

a. in the case of a prohibition order under Article 67 paragraph 1 or under Article 67b: after the order has been in force for two years; b. in the case of a limited prohibition order under Article 67 paragraph 2: after half of the term of the prohibition order, provided the order has been in force for at least three years; c. in the case of a limited prohibition order under Article 67 paragraph 3 or 4: after the order has been in force for five years; d. in the case of a lifelong prohibition order under Article 67 paragraph 2, 3 or 4: after the order has been in force for ten years. 6 If it is considered unlikely that the offender will commit any further felonies or misdemeanours by misusing an activity or by having contact with specific persons of a specific group to and the offender has provided reasonable compensation for the loss, damage or injury caused, the competent authority shall revoke the prohibition order in cases falling under paragraph 4 or 5. 7 If the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if he fails to comply with the associated probation assistance, or if such assistance cannot be provided or is no longer required, the competent authority shall submit a report to the court or the executive authority. The court or the executive authority may revoke or make a new order for probation assistance. 8 If the offender fails to comply with the probation assistance during a probationary period, Article 95 paragraphs 4 and 5 apply. 9 If the offender breaches an activity prohibition order or a contact prohibition and exclusion order during a probationary period, Arti- cle 294 and the provisions on revoking a suspended sentence or the suspended part of a sentence and on a recall to custody in respect of a sentence or measure apply.

Art. 67d62 Modification of 1 If it becomes apparent during the term of an activity prohibition a prohibition order or order or a contact prohibition and exclusion order that in the offender’s subsequent case an extension of the prohibition order or an additional such prohi- imposition of a prohibition order bition order is required, the court may on application from the executive authority extend the prohibition order or impose an additional prohibition order. 2 If it becomes apparent during a custodial sentence or a custodial measure that in the offender’s case a prohibition order under Article 67

62 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

39 311.0 Swiss Criminal Code

paragraph 1 or 2 or under Article 67b is required, the court may impose this prohibition order on application from the executive authority.

Art. 67e63 3. Disqualifica- If the offender has used a motor vehicle in order to commit a felony or tion from driving misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under Articles 59–64, may order that the offender forfeit his provisional or full driving licence for a period of between one month and five years.

Art. 68 4. Publication of 1 If publication of a criminal judgment is required in the public inter- the judgment est, or in the interests of the person harmed or of the complainant, the court shall order publication at the expense of the offender. 2 If publication of an acquittal or of a ruling of the prosecution service abandoning proceedings is required in the public interest, or in the interests of the acquitted person or former suspect, the court shall order publication at State expense or at the expense of the complainant. 3 Publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request. 4 The court decides on the form and extent of publication.

Art. 69 5. Forfeiture 1 The court shall, irrespective of the criminal liability of any person, a. Forfeiture of dangerous order the forfeiture of objects that have been used or were intended to objects be used for the commission of an offence or that have been produced as a result of the commission of an offence in the event that such objects constitute a future danger to public safety, morals or public order. 2 The court may order that the objects forfeited be rendered unusable or be destroyed.

Art. 70 b. Forfeiture of 1 The court shall order the forfeiture of assets that have been acquired assets Principles through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position. 2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consid-

63 Originally: Art. 67b.

40 Book One: General Provisions 311.0

eration of equal value therefor or forfeiture would cause him to endure disproportionate hardship. 3 The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture. 4 Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given. 5 If the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trou- ble and expense, the court may make an estimate.

Art. 71 Equivalent claim 1 If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value, which claim may be enforced against a third party only if he is not excluded by Article 70 paragraph 2. 2 The court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned. 3 The investigating authority may seize assets of the person concerned with a view to the enforcement of an equivalent claim. Such seizure does not accord the State preferential rights in the enforcement of the equivalent claim.

Art. 72 Forfeiture of The court shall order the forfeiture of all assets that are subject to the assets of a criminal power of disposal of a criminal organisation. In the case of the assets organisation of a person who participates in or supports a criminal organisation (Art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.

Art. 73 6. Use for the 1 If as a result of a felony or misdemeanour a person has suffered harm benefit of the person harmed and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at his request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from: a. the monetary penalty or fine paid by the offender; b. objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses;

41 311.0 Swiss Criminal Code

c. compensatory claims; d. the amount of the good behaviour bond. 2 The court may order such an award only if the person harmed assigns the corresponding element of his claim to the State. 3 The cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.

Title Four: Execution of Custodial Sentences and Custodial Measures

Art. 74 1. Principles The human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. Their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution.

Art. 75 2. Execution of 1 The execution of sentences must encourage an improvement in the custodial sentences social behaviour of the prison inmates, and in particular their ability to Principles live their lives without offending again. The conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, coun- teract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates. 2 …64 3 The institution rules shall provide that a sentence management plan be drawn up in consultation with the prison inmate. This plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release. 4 The prison inmate must actively cooperate in resocialisation efforts and the preparations for release. 5 Account is taken of the gender-specific concerns and needs of the prison inmates. 6 If the prison inmate is released on parole or granted final release and it subsequently comes to light that on his release he was subject to

64 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

42 Book One: General Provisions 311.0

another executable judgment imposing a custodial sentence, execution of that custodial sentence is waived if: a. it was not executed concurrently with the other custodial sentence for a reason within the control of the executive authorities; b. the prison inmate was able to assume in good faith that on his release he was not subject to another executable judgment imposing a custodial sentence; and c. the reintegration of the prison inmates would be prejudiced.

Art. 75a65 Special security 1 The Commission under Article 62d paragraph 2 shall with a view to measures a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence assess the danger to the community of the offender if: a. he has committed a felony in terms of Article 64 paragraph 1; and b. the executive authority cannot satisfactorily answer the question of whether he is a danger to other prison inmates. 2 Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole. 3 Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.

Art. 76 Place of 1 Custodial sentences are executed in a secure or open penal institu- execution tion. 2 The prison inmate shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that he will abscond or it is expected that he will commit further offences.

Art. 77 Normal execu- The prison inmate normally spends his working, rest and leisure time tion in the institution.

65 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

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Art. 77a Day release 1 The custodial sentence is executed in the form of day release em- employment and external ployment if the prison inmate has served part of the custodial sentence, accommodation normally a minimum one half, and it is not expected that he will abscond or commit further offences. 2 In day release employment, the prison inmate works outside the institution and spends his rest and leisure time in the institution. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. Work outside the institution may also include housework and caring for children. 3 If the prison inmate proves himself to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. Here the prison inmate lives and works outside the institution, but remains under the supervision of the executive authority.

Art. 77b Semi-detention A custodial sentence of from six months to one year is executed in the form of semi-detention if it is not expected that the prison inmate will abscond or commit further offences. The prison inmate continues his work or education and training outside the institution and spends his rest and leisure time in the institution. The supervision of the offender required for the duration of the period of execution must be guaranteed.

Art. 78 Solitary con- Solitary confinement in the form of uninterrupted separation from finement other prison inmates may only be ordered: a. for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence; b. for the protection of the prison inmate or of third parties; c. as a disciplinary sanction.

Art. 79 Form of 1 Custodial sentences of up to six months and sentences of which less execution of short custodial than six months remains after account is taken of pre-trial detention sentences are normally executed in the form of semi-detention. 2 Custodial sentences not exceeding four weeks may on request be served on a daily basis. The sentence is divided into several instalments that are served on days when the offender is not working or is on holiday.

44 Book One: General Provisions 311.0

3 Semi-detention and sentences served on a daily basis may also be executed in the special section of a pre-trial detention institution.

Art. 80 Other forms of 1 A departure from the rules governing the execution of sentences in sentence execution favour of the prison inmates may be permitted: a. if the state of health of the prison inmates so requires; b. in the event of pregnancy, childbirth and for the time immediately after childbirth; c. to enable the mother and infant to be accommodated together, provided this is also in the interests of the child. 2 If the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.

Art. 81 Work 1 The prison inmate is obliged to work. Wherever possible, the work should be appropriate to his skills, education and training and his interests. 2 If he consents to do so, the prison inmate may work for a private employer.

Art. 82 Basic and Where he shows the required aptitude and the possibility exists, the advanced training prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.

Art. 83 Wages 1 The prison inmate receives a wage for his work based on his performance and according to the circumstances. 2 The prison inmate may freely dispose of only part of his wage while serving his sentence. The remaining part is withheld until the inmate has been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void. 3 If the prison inmate participates in basic or advanced training instead of work in accordance with his sentence management plan, he receives appropriate remuneration.

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Art. 84 Relations with 1 The prison inmate has the right to receive visitors and to cultivate the outside world contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated. 2 Contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. The supervision of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution. 3 Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with the prison inmates subject to the general institution rules. 4 Contact with defence attorneys must be permitted. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted. Contact with attorneys may be prohibited by the competent authority in the event of abuse. 5 Communications with the supervisory authorities may not be monitored. 6 The prison inmate shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for his release or where there are special circumstances, provided his conduct in custody does not preclude this and there is no risk that he will abscond or commit further offences. 6bis Offenders subject to indefinite incarceration are not granted release on temporary licence or other relaxations of the execution of the sentence during the sentence served prior to incarceration.66 7 Article 36 of the Vienna Convention of 24 April 196367 on Consular Relations and other regulations under international law on visits and correspondence that are binding on Switzerland are reserved.

Art. 85 Searches and 1 The personal effects and the accommodation of the prison inmate inspections may be searched in the interests of maintaining order and security in the penal institution. 2 A prison inmate who is suspected of concealing unpermitted articles about his person or in his body, may be subjected to a body search. The search must be conducted by a person of the same gender. If the removal of clothing is required, this must be carried out in the absence

66 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). 67 SR 0.191.02

46 Book One: General Provisions 311.0

of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff.

Art. 86 Parole 1 If the prison inmate has served two thirds of his sentence, provided a. Granting of parole this amounts to at least three months, he shall be released on parole by the competent authority if this is justified by his conduct while in custody and it is not expected that he will commit further felonies or misdemeanours. 2 The competent authority shall assess ex officio whether the inmate may be released on parole. It shall obtain a report from the institution board. The prison inmate shall be granted a hearing. 3 If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year. 4 If the prison inmate has served half of his sentence, provided this amounts to at least three months, he may be released on parole by way of exception, if exceptional personal circumstances justify this. 5 In the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest after ten years.

Art. 87 b. Probationary 1 A person released on parole is made subject to a probationary period period of a duration that corresponds to the remainder of his sentence. The period however amounts to at least one year and no more than five years. 2 The executive authority shall normally order probation assistance for the duration of the probationary period. It may impose conduct orders on the person released on parole. 3 If parole is granted to an inmate serving a custodial sentence for an offence mentioned in Article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance or the conduct orders in each case by one to five years or impose a new conduct order for this period. A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases.

Art. 88 c. Successful If the person released on parole is of good behaviour throughout the completion of probation probationary period, he is granted final release.

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Art. 89 d. Breach of 1 If a person released on parole commits a felony or misdemeanour probation during the probationary period, the court judging the new offence shall order his recall to custody. 2 If, despite the commission of a felony or misdemeanour during the probationary period, it is not expected that the offender will commit further offences, the court shall dispense with a recall to custody. It may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority. If the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered. The provisions on probation assistance and conduct orders apply (Art. 93–95). 3 If a person released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies. 4 A recall to custody may not be ordered if three years have elapsed since the expiry of the probationary period. 5 Any period of pre-trial detention that the offender has served during the recall to custody proceedings are taken into account in the remainder of his sentence. 6 If the requirements for an unsuspended custodial sentence are fulfilled due to the new offence and if this coincides with the remainder of the sentence that must be executed by the recall to custody, the court shall impose a cumulative sentence in application of Article 49 a. The rules on parole again apply to this sentence. If only the remainder of the sentence is executed, Article 86 paragraphs 1–4 applies. 7 If the remainder of a sentence that must be executed in accordance with a decision on recall to custody coincides with the execution of a measure under Articles 59–61, Article 57 paragraphs 2 and 3 applies.

Art. 90 3. Execution of 1 A person subject to the execution of a measure under Articles 59–61, measures may only be accommodated without interruption separately from the other inmates of an institution for the execution of measures if this is essential: a. as a temporary therapeutic measure; b. for the protection of other inmates of the institution or of third parties; c. as a disciplinary sanction. 2 At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or his legal representative. This includes in particular details of the treatment of the

48 Book One: General Provisions 311.0

inmate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others. 2bis Measures under Articles 59–61 and 64 may be executed in the form of external accommodation and day release employment if there is a justified opinion that this will significantly contribute to the aim of the measure being achieved, and if there is no risk that the inmate will abscond or will commit further offences. Article 77a paragraphs 2 and 3 applies by analogy.68 3 If the inmate is able to work, he is required to work to the extent that his in-patient treatment or care requires or permits. Articles 81–83 apply in an analogous manner. 4 Article 84 applies by analogy to the relations of the inmates of an institution for the execution of measures with the outside world, unless additional restrictions are required for reasons relating to the in-patient treatment. 4bis Article 75a applies by analogy to admission to an open institution and to the authorisation of a relaxation in the measures regime.69 4ter During lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.70 5 Article 85 applies by analogy to searches and inspections.

Art. 91 4. General 1 Disciplinary sanctions may be imposed on prison inmates and in- provisions Disciplinary mates of an institution for the execution of measures who are guilty of regulations infringing the institution regulations or the sentence management plan. 2 Disciplinary sanctions are: a. a reprimand; b. the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts; c.71 a fine; and d.72 solitary confinement as an additional restriction of liberty.

68 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 69 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 70 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). 71 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

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3 The cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. The regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.

Art. 92 Interruption of The execution of sentences and measures may be interrupted for good execution cause.

Art. 92a73 Right to 1 Victims and relatives of victims as defined in Article 1 information paragraphs 1 and 2 of the Victim Support Act of 23 March 200774 (VSA) and third parties who have a legitimate interest may make a written request to the executive authority for the following information: a. the time of execution of the sentence or measure imposed on the offender, institution responsible for execution, the form of execution if it differs from normal, interruptions and relaxations in the sentence or measure, (Art. 75a para. 2), parole and final release, and the reactivation of the execution of a sentence or measure; b. immediate notification of the escape of an offender and of his or her recapture. 2 The executive authority decides on the request after consulting the offender. 3 It may refuse to provide the information or revoke a previous decision to provide information only if the offender‘s legitimate interests justify this. 4 If the executive authority approves a request, it shall advise the person entitled to information of the confidentiality of the information disclosed. Persons entitled to victim support under the VSA are not required to maintain confidentiality in their dealings with a counsellor at a counselling service under Article 9 VSA.

72 Originally let. c. 73 Inserted by No I 1 of the Federal Act of 26 Sept. 2014 on Victims’ Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). See also the transitional provision to this amendment at the end of the text. 74 SR 312.5

50 Book One: General Provisions 311.0

Title Five: Probation Assistance, Conduct Orders and Voluntary Social Supervision

Art. 93 Probation 1 Probation assistance is intended to protect the probationers from assistance reoffending and enable their social integration. The competent authority for probation assistance provides and arranges for the required social and specialist services. 2 Persons working in the field of probation assistance must treat matters that come to their knowledge in the course of their work as confidential. They may disclose information on the personal circumstances of a probationer to third parties only if the probationer or the person in charge of probation assistance has consented in writing. 3 The authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.

Art. 94 Conduct orders The conduct orders that the court or the executive authority may impose on the offender for duration of the probationary period relate in particular to the practice of a profession, place of residence, driving motor vehicles, reparation and medical and psychological therapy.

Art. 95 General provi- 1 Prior to making their decision on probation assistance and conduct sions orders, the court and the executive authority may obtain a report from the authority responsible for supervising the probation assistance and the conduct orders or for enforcing activity prohibition orders or contact prohibition and exclusion orders.75 The person concerned may state his opinion on the report. Differences of opinion must be recorded in the report. 2 The ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision. 3 If the offender fails to comply with the conditions of probation assistance or disregards the conduct orders or if the probation assistance or conduct orders cannot be implemented or are no longer required, the competent authority shall submit a report to the court or the authorities responsible for the execution of sentences and measures.

75 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

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4 The court or the executive authority may in the cases mentioned in paragraph 3: a. extend the probationary period by one half; b. revoke or reorganise the probation assistance; c. modify or revoke the conduct orders or issue new conduct orders. 5 The court may in the cases in paragraph 3 revoke the suspended sentence or order the recall to custody for the execution of the sentence or measure if it is seriously expected that the offender will commit further offences.

Art. 96 Social assistance The cantons shall guarantee the provision of social assistance for the duration of the criminal proceedings and of the execution of the sentence which may be claimed voluntarily.

Title Six: Limitation

Art. 97 1. Limitation of 1 The right to prosecute is subject to a time limit of: prosecution rights a. 30 years if the offence carries a custodial sentence of life; Periods b. 15 years if the offence carries a custodial sentence of more than three years; c. 10 years if the offence carries a custodial sentence of three years. d. seven years if the offence carries a different penalty.76 2 In the case of sexual acts with children (Art. 187) and dependent persons (Art. 188) and in the case of offences under Articles 111, 113, 122, 124, 182, 189–191, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25.77 3 If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies. 4 The limitation of the right to prosecute in the case of sexual acts with children (Art. 187) and dependent minors (Art. 188) and offences under Articles 111–113, 122, 182, 189–191 and 195 involving a child

76 Amended by No I 1 of the Federal Act of 21 June 2013 (Extension of Prosecution Time Limits), in force since 1 Jan. 2014 (AS 2013 4417; BBl 2012 9253). 77 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).

52 Book One: General Provisions 311.0

under 16 is governed by paragraphs 1–3 if the offence was committed before the amendment of 5 October 200178 came into force and the limitation of the right to prosecute had not yet taken effect.79

Art. 98 Commencement The limitation period begins: a. on the day on which the offender committed the offence; b. on the day on which the final act was carried out if the offence consists of a series of acts carried out at different times; c. on the day on which the criminal conduct ceases if the criminal conduct continues over a period of time.

Art. 99 2. Limitation 1 The right to execute a sentence is subject to a limitation period of: period for the execution of a a. 30 years if a custodial sentence of life has been imposed; sentence Periods b. 25 years if a custodial sentence of ten or more years has been imposed; c. 20 years if a custodial sentence at least five and less than ten years has been imposed; d. 15 years, if a custodial sentence of more than one and less than five years has been imposed; e. five years if any other sentence has been imposed. 2 The limitation period for a custodial sentence is extended: a. by the time that the offender spends serving without interruption that or any other custodial sentence or measure that is executed immediately beforehand; b. by the length of the probationary period in the case of release on parole.

Art. 100 Commencement The limitation period begins on the day on which the judgment becomes legally enforceable, and in the case of suspended sentences or the execution of a measure, on the day on which the execution of the penalty is ordered.

78 AS 2002 2993 79 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).

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Art. 101 3. Exclusion 1 There is no limitation of the right to prosecute the offences of: from limitation a. genocide (Art. 264); b. crimes against humanity (Art. 264a para. 1 and 2); c. war crimes (Art. 264c para. 1–3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h); d. felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence. e.80 sexual acts with children (Art. 187 No 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192 para. 1) and exploitation of a person in a position of need or dependency (Art. 193 para. 1) if committed against children under the age of 12.81 2 If the right to prosecute the offence would have been time barred had Articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty. 3 Paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not been time barred by 1 Janu- ary 1983 in accordance with the law applicable until that point in time. Paragraph 1 letter b applies if the right to prosecute or execute the penalty is not time barred under the previous law when the Amend- ment of 18 June 2010 to this Code comes into force. Paragraph 1 letter e applies if the prosecution or the sentence is not time barred by 30 November 2008 in accordance with the law applicable until that point in time.8283

80 Inserted by No I 1 of the Federal Act of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977). 81 Amended by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863). 82 Third sentence inserted by No I 1 of the Federal Act of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977). 83 Amended by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

54 Book One: General Provisions 311.0

Title Seven: Corporate Criminal Liability

Art. 102 Liability under 1 If a felony or misdemeanour is committed in an undertaking in the the criminal law exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. In such cases, the undertaking is liable to a fine not exceeding 5 million francs. 2 If the offence committed falls under Articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence.84 3 The court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequa- cies and of the loss or damage caused, and based on the economic ability of the undertaking to pay the fine. 4 Undertakings within the meaning of this title are: a. any legal entity under private law; b. any legal entity under public law with exception of local authorities; c. companies; d. sole proprietorships85.

Art. 102a86

Part Two: Contraventions

Art. 103 Definition Contraventions are acts that are punishable by a fine.

84 Amended by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). 85 Terminological footnote relevant to German only. 86 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

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Art. 104 Application of The provisions of the First Part also apply to contraventions, subject to the provisions of the First Part the following changes.

Art. 105 No or condition- 1 The provisions on suspended and partially suspended sentences al applicability (Art. 42 and 43), on expulsion (Art. 66a–66d) and on corporate criminal liability (Art. 102) do not apply to contraventions.87 2 Attempt and complicity are offences only in the cases expressly mentioned in this Code. 3 Custodial measures (Art. 59–61 and 64), activity prohibition orders (Art. 67), contact prohibition and exclusion orders (Art. 67b) and the publication of the judgment (Art. 68) are permitted only in the cases expressly mentioned in this Code.88

Art. 106 Fines 1 Unless the law provides otherwise, the maximum amount of a fine is 10,000 francs. 2 In its judgment, the court shall impose an alternative custodial sentence of at least one day and a maximum of three months for the event that the fine is wilfully not paid. 3 The court determines the fine and the alternative custodial sentence based on the offender's circumstances so that the offender receives the sentence that is commensurate with his culpable conduct. 4 On retrospective payment of the fine, the offender is released from the alternative custodial sentence. 5 Articles 35 and 36 paragraphs 2–5 apply by analogy to execution and conversion.

Art. 107 Community 1 The court may with the consent of the offender order up to 360 hours service of community service instead of the fine imposed. 2 The executive authority shall provide for a period of no more than one year within which the community service must be performed.

87 Amended by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 88 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

56 Book One: General Provisions 311.0

3 If the offender fails to perform the community service despite being warned of the consequences, the court shall order that the fine be enforced.

Art. 10889

Art. 109 Limitation The right to prosecute and to execute a sentence is subject to a limitation period of three years.

Part Three: Terms and Definitions

Art. 110 1 Close relatives of a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children.90 2 Family members are persons who live in the same household. 3 Public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily. 3bis If a provision refers to the term "property", it also applies to animals.91 4 Official documents are written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose. 5 Public deeds are official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents. 6 A day has 24 successive hours. The month and the year are calculated according to the calendar.

89 This Article contains no provisions for technical drafting reasons. Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 1 ParlA; SR 171.10). 90 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 91 AS 2006 3583

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7 Pre-trial detention is any form of detention, pre-trial detention, preventive detention or detention pending extradition imposed in criminal proceedings.

Book Two: Specific Provisions Title One: Offences against Life and Limb

Art. 111 1. Homicide Any person who kills a person intentionally, but without fulfilling the Intentional homicide special requirements of the following articles, is liable to a custodial sentence92 of not less than five years.

Art. 11293 Murder Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, the penalty is a custodial sentence for life or a custodial sentence of not less than ten years.94

Art. 11395 Manslaughter Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, the penalty is a custodial sentence from one to ten years.96

Art. 11497 Homicide at the Any person who for commendable motives, and in particular out of request of the victim compassion for the victim, causes the death of a person at that person’s own genuine and insistent request is liable to a custodial sentence not exceeding three years or to a monetary penalty98 .

92 Term in accordance with No II 1 para. 1 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 93 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 94 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 95 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 96 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 97 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 98 Term in accordance with No II 1 para. 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

58 Book Two: Specific Provisions 311.0

Art. 115 Inciting and Any person who for selfish motives incites or assists another to com- assisting suicide mit or attempt to commit suicide is, if that other person thereafter commits or attempts to commit suicide, liable to a custodial sentence not exceeding five years or to a monetary penalty99 .

Art. 116100 Infanticide If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, she is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 117 Homicide Any person who causes the death of another through negligence or through negligence recklessness is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 118101 2. Abortion 1 Any person who terminates a pregnancy with the consent of the Illegal abortion pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of Article 119 being fulfilled is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who terminates a pregnancy without the consent of the pregnant woman is liable to a custodial sentence of from one102 to ten years. 3 Any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of Article 119 being fulfilled is liable to a custodial sentence not exceeding three years or to a monetary penalty. 4 In cases falling under paragraphs 1 and 3 above, prescription takes effect after three years.103

99 Term in accordance with No II 1 para. 3 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 100 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 101 Amended by No I of the Federal Act of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376). 102 Term in accordance with No II 1 para. 4 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 103 Amended by No I of the Federal Act of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).

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Art. 119104 Legal abortion 1 The termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. The risk must be greater the more advanced the pregnancy is. 2 The termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman’s last period by a physician who is licensed to prac- tise his profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling. 3 If the woman is incapable of judgement, the consent of her legal representative is required. 4 The cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminate pregnancy and for the provision of counselling. 5 An abortion is reported for statistical purposes to the competent health authority, whereby the anonymity of the woman concerned is guaranteed and medical confidentiality is preserved.

Art. 120105 Contraventions 1 Any physician who terminates a pregnancy in terms of Article 119 by physicians paragraph 2 and who fails, prior to the procedure: a. to obtain a written request from the pregnant woman; b. to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains: 1. a list of agencies that provide counselling free of charge, 2. a list of associations and agencies that offer moral and material support, and 3. information on the possibility of having the child adopted; c. to satisfy himself that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people.

104 Amended by No I of the Federal Act of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376). 105 Amended by No I of the Federal Act of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).

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is liable to a fine106. 2 Any physician who fails to report the termination of a pregnancy to the competent authority in accordance with Article 119 paragraph 5 is liable to the same penalty.

Art. 121107

Art. 122108 3. Assault Any person who intentionally inflicts a life-threatening injury on Serious assault another, any person who intentionally inflicts serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently, any person who intentionally causes any other serious damage to the person or to the physical or mental health of another, is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 180 daily penalty units.109

Art. 123110 Common assault 1. Any person who wilfully causes injury to the person or the health of another in any other way is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. In minor cases, the court may impose a reduced penalty (Art. 48a).111 2. The penalty is a custodial sentence not exceeding three years or a monetary penalty, and the offender is prosecuted ex officio, if he uses poison, a weapon or a dangerous object, if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care.

106 Term in accordance with No II 1 para. 5 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 107 Repealed by No I of the Federal Act of 23 March 2001 (Abortion), with effect from 1 Oct. 2002 (AS 2002 2989; BBl 1998 3005 5376). 108 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 109 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 110 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 111 Amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce,112 if he is the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution,113 or if he is the heterosexual or homosexual partner of the victim provided they have at any time cohabited and the act was committed at that time or up to one year after separation.114

Art. 124115 Female genital 1 Any person who mutilates the genitals of a female person, impairs mutilation their natural function seriously and permanently or damages them in some other way is liable to a custodial sentence not exceeding ten years or to a monetary penalty of no less than 180 daily penalty units. 2 Any person who has committed the offence abroad but is now in Switzerland and is not extradited is liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.

Art. 125 Assault through 1 Any person who causes injury to the person or the health of another negligence through negligence is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.116 2 If the injury is serious, the offender is prosecuted ex officio.

Art. 126 Acts of aggres- 1 Any person who commits acts of aggression against another that do sion not cause any injury to the person or health is liable on complaint to a fine. 2 The offender is prosecuted ex officio if he commits the offence repeatedly:

112 Inserted by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 113 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 114 Originally para. 4. Inserted by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 115 Amended by No I of the Federal Act of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). 116 Term in accordance with No II 1 para. 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

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a. on a person under his protection or in his care, and in particular on a child; b. on his spouse during the marriage or up to a year after divorce; or bbis.117 on his registered partner during the period of the registered partnership or up to a year after its dissolution; or c. on his heterosexual or homosexual partner provided they have at any time cohabited and the act was committed at that time or up to one year after separation.118

Art. 127119 4. Endangering Any person who exposes a helpless person under his protection or care the life or health of another to a life-threatening danger or to a serious and immediate danger to Abandonment health, or abandons the person to such a danger is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 128120 Failure to offer Any person who fails to offer aid to another whom he has injured or to aid in an emergency another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid, any person who prevents or hinders others from offering aid, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 128bis121 False alarm Any person who wilfully and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services is liable to a custodial sentence not exceeding three years or to a monetary penalty.

117 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 118 Inserted by No I of the Federal Act of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). Amended by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 119 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 120 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 121 Inserted by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

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Art. 129122 Endangering life Any person who unscrupulously places another in immediate life- threatening danger is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 130–132123

Art. 133124 Brawling 1 Any person who participates in a brawl that results in the death of or in an assault causing injury is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants does not commit a criminal offence.

Art. 134125 Attack Any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another is liable to a custodial sentence not exceeding five years or to a monetary penal- ty126.

Art. 135127 Representations 1 Any person who produces, imports, stores, markets, promotes, exhib- of acts of violence its, offers, shows, makes accessible or makes available sound, film or video recordings or other products in which acts of extreme violence against persons or animals are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity is liable to a custodial sentence not exceeding three years or to a monetary penalty. 1bis Any person who acquires, procures by electronic or any other means, or possesses the recordings or other products mentioned in paragraph 1 above, provided these portray acts of violence against

122 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 123 Repealed by No I of the Federal Act of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009). 124 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 125 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 126 Term in accordance with No II 1 para. 6 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 127 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

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persons or animals is liable to a custodial sentence not exceeding one year or to a monetary penalty128.129 2 The articles concerned are forfeited. 3 If the offender acts for financial gain, he is liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty.130

Art. 136131 Administering Any person who administers or makes available for consumption to substances capable of children under the age of 16 alcoholic beverages or other substances in causing injury to such quantities as may endanger their health is liable to a custodial children sentence not exceeding three years or to a monetary penalty.

Title Two:132 Offences against Property

Art. 137 1. Offences 1. Any person who for his own or for another's unlawful gain appro- against property Unlawful priates moveable property which belongs to another is liable, unless appropriation the special requirements of Articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has found the property or if the property has inadvertently come into his possession, if he does not act for financial gain or if he acts only to the detriment of a relative or family member, the offence is prosecuted only on complaint.

Art. 138 Misappropriation 1. Any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him,

128 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 129 Inserted by No I of the Federal Act of 5 Oct. 2001 (Offences against Sexual Integrity; Prohibition of the Possession of hard-core Pornography), in force since 1 April 2002 (AS 2002 408 409; BBl 2000 2943). 130 Term in accordance with No II 1 para. 7 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 131 Amended by No I of the Federal Act of 20 March 2008, in force since 1 July 2011 (2009 2623, AS 2011 2559; BBl 2006 8573 8645). 132 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

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any person who makes unlawful use of financial assets entrusted to him for his own or another's benefit, is liable to a custodial sentence not exceeding five years or to a monetary penalty. Misappropriation to the detriment of a relative or family member is prosecuted only on complaint. 2. Any person who commits the foregoing offence in his capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which he has been authorised by a public authority, is liable to a custodial sentence not exceeding ten years or to a monetary penalty.133

Art. 139 Theft 1. Any person who for his own or for another's unlawful gain, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. The offender is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units134 if he commits theft on a regular basis for financial gain. 3. The offender is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 180 daily penalty units135, if he commits theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft, if he carries with him a firearm or other dangerous weapon for the purpose of committing theft or if he represents a particular danger in any other way due to the manner in which he commits theft. 4. Theft to the detriment of a relative or family member is prosecuted only on complaint.

133 Term in accordance with No II 1 para. 8 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 134 Term in accordance with No II 1 para. 9 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 135 Term in accordance with No II 1 para. 10 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

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Art. 140 Robbery 1. Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 180 daily penalty units. Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property is liable the same penalties. 2. The offender is liable to a custodial sentence of not less than one year136 if he carries with him a firearm or other dangerous weapon for the purpose of committing robbery. 3. The offender is liable to a custodial sentence of not less than two years, if he commits robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft, or if he represents a particular danger in any other way due to the manner in which he commits robbery. 4. The penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty.

Art. 141 Removal of Any person who takes moveable property from the person entitled to it property to the serious detriment of that person but without intending to permanently deprive the entitled person of it is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 141bis Unlawful use of Any person who for his own or another's benefit unlawfully uses financial assets financial assets that have inadvertently come into his possession is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 142 Unlawful 1 Any person who unlawfully obtains energy from an installation that abstraction of energy serves to exploit natural power, and in particular an electrical installation is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

136 Term in accordance with No II 1 para. 12 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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2 If the offender acts for his own or for another's unlawful gain, he is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 143 Unauthorised 1 Any person who for his own or for another's unlawful gain obtains obtaining of data for himself or another data that is stored or transmitted electronically or in some similar manner and which is not intended for him and has been specially secured to prevent his access is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The unauthorised obtaining of data to the detriment of a relative or family member is prosecuted only on complaint.

Art. 143bis137 Unauthorised 1 Any person who obtains unauthorised access by means of data access to a data processing transmission equipment to a data processing system that has been system specially secured to prevent his access is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who markets or makes accessible passwords, programs or other data that he knows or must assume are intended to be used to commit an offence under paragraph 1 is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 144 Criminal damage 1 Any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender has committed criminal damage in the course of a public riot, he is prosecuted ex officio. 3 If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio.

Art. 144bis Damage to data 1. Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

137 Amended by Art. 2 No 1 of the Federal Decree of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).

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If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio. 2. Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that he knows or must assume will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender acts for commercial gain, a custodial sentence of from one to five years may be imposed.

Art. 145 Misappropriation Any debtor who, with the intention of causing loss to his creditors, and removal of property subject appropriates, uses without authority, damages, destroys, reduces the to a pledge or value of or renders unusable property subject to a pledge or lien is lien liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 146 Fraud 1 Any person who with a view to securing an unlawful gain for himself or another wilfully induces an erroneous belief in another person by false pretences or concealment of the truth, or wilfully reinforces an erroneous belief, and thus causes that person to act to the prejudice of his or another's financial interests, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units. 3 Fraud to the detriment of a relative or family member is prosecuted only on complaint.

Art. 147 Computer fraud 1 Any person who with a view to his own or another's unlawful gain, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occa- sioning loss to another, or immediately thereafter conceals such a transfer is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

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3 Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.

Art. 148 Misuse of a 1 Any person who with a view to obtaining services of a financial cheque card or credit card value and although incapable of making or unwilling to make payment uses a cheque card or credit card or similar means of payment that has been entrusted to him by the issuer thereof and thus causes loss to the issuer, is liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

Art. 148a138 Unlawful claim 1 Any person who misleads a another by providing false or incomplete for social insurance or information, failing to disclose information or in any other way or who social assistance compounds an existing error so that he or an associate obtains social benefits insurance or social assistance benefits to which he or his associate is not entitled is liable to a custodial sentence not exceeding one year or to monetary penalty. 2 In minor cases, the penalty is a fine.

Art. 149 Making off from Any person who accepts accommodation, food or drink or other ser- a hotel, restaurant or bar vices in a hotel, restaurant, bar or similar premises and dishonestly without payment makes off without making payment therefor is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 150 Obtaining a Any person who obtains a service without paying, knowing that the service without payment service is only rendered against payment, and in particular makes use of public transport, attends public performances, exhibitions or similar events, or obtains services from a data processing device or a vending machine,

138 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

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is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 150bis 139 Production and 1 Any person who manufactures, imports, exports, transports, markets marketing of equipment for or installs equipment, the components or data processing programs of the unauthorised which are designed and are suitable for the unauthorised decoding of decoding of encoded services encoded television or radio programmes or telecommunications services is liable on complaint to a fine.140 2 An attempt to commit the foregoing offence or complicity in the same is also an offence.

Art. 151 Maliciously Any person who without a view to gain, by making representations or causing financial loss to another suppressing information, wilfully misleads another or wilfully reinforces an erroneous belief with the result that the person in error acts in such a way that he or another incurs a financial loss is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 152 False statements Any person who, whether as founder, proprietor, partner with unlim- about commercial business ited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business, makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of his own assets in such a way that he sustains financial loss, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 153 False statements Any person who causes an authority responsible for the Commercial to the commercial register Register to make a false entry in the Register or withholds from such authorities an authority information which is required to be entered in the Register

139 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405). 140 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 154 Repealed

Art. 155 Counterfeiting of 1. Any person who with a view to deceiving another in trade or busi- goods ness manufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product, or imports, stores or markets such a product, is liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty. 2.141 If the offender acts for commercial gain, he is liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 156 Extortion 1. Any person who, with a view to securing an unlawful gain for himself or for another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that he or another sustains financial loss is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, or if he repeatedly commits the offence against the same person, he is liable to a custodial sentence of from one to ten years. 3. If the offender uses violence against another or if he threatens another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof is imposed. 4. If the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which

141 Amended by No I 1 of the Federal Act of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361 367; BBl 2007 6269).

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there is a substantial public interest, he is liable to a custodial sentence of not less than one year142.

Art. 157 Profiteering 1. Any person who for his own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return, any person who acquires a debt originating from an act of profiteering and sells or enforces the same, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, he is liable to a custodial sentence of from one to ten years.

Art. 158 Criminal 1. Any person who by law, an official order, a legal transaction or mismanagement authorisation granted to him, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of his duties causes or permits that other person to sustain financial loss is liable to a custodial sentence not exceeding three years or to a monetary penalty. Any person who acts in the same manner in his capacity as the manager of a business but without specific instructions is liable to the same penalty. If the offender acts with a view to securing an unlawful financial gain for himself or another, a custodial sentence of from one to five years may be imposed. 2. Any person who, with a view to securing an unlawful gain for himself or another, abuses the authority granted to him by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other person to sustain financial loss is liable to a custodial sentence not exceeding five years or to a monetary penalty. 3. Criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.

142 Term in accordance with No II 1 para. 12 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

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Art. 159 Misuse of salary Any employer who breaches his obligation to make use of a deduction deductions from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 160 Handling stolen 1. Any person who takes possession of, accepts as a gift or as the goods subject of a pledge, conceals, or assists in the disposal of goods which he knows or must assume have been acquired by way of an offence against property is liable to a custodial sentence not exceeding five years or to a monetary penalty. The offender is liable to the penalty applicable to the original offence if that penalty is reduced. If the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence. 2. If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

Art. 161143

Art. 161bis 144

Art. 162 2. Breach of Any person who betrays a manufacturing or trade secret that he is manufacturing or trade secrecy under a statutory or contractual duty contract not to reveal, any person who exploits for himself or another such a betrayal, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

143 Repealed by No. II 3 of the Federal Act of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873). 144 Inserted by Art. 46 of the Stock Exchange Act of 24 March 1995 (AS 1997 68; BBl 1993 I 1369). Repealed by No. II 3 of the Federal Act of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).

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Art. 163 3. Bankruptcy 1. Any debtor who fictitiously reduces his assets to the prejudice of and debt collection his creditors, and in particular felonies or misdemeanours disposes of or conceals assets, Fraudulent bankruptcy and creates fictitious debts, fraud against seizure accepts fictitious claims as valid or arranges for the enforcement of such claims, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors is liable a custodial sentence not exceeding three years or to a monetary penalty.

Art. 164 Reduction of 1. Any debtor who reduces his assets to the detriment of his creditors assets to the prejudice of by creditors damaging, destroying or reducing the value of any assets or rendering them unusable, disposing of any assets for no consideration or for a consideration that is clearly negligible in value, or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors is liable to a custodial sentence not exceeding three years or to a monetary penalty..

Art. 165 Mismanagement 1. Any debtor who in a manner other than that in Article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of his profession or the management of his assets, causes or aggravates his excessive indebtedness, causes his insolvency or, in the knowledge that he is unable to pay, prejudices his financial situation,

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is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims is issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Any debtor whose assets have been seized is prosecuted solely on the complaint of a creditor who has obtained a certificate of unsatisfied claims against him. The complaint must be filed within three months of receipt of the certificate of unsatisfied claims. Any creditor who has induced a debtor to incur irresponsible debts, unreasonable expenditure or to enter into hazardously speculative transactions, or who has exploited the debtor usuriously, is barred from filing a complaint.

Art. 166 Failure to keep Any debtor who fails to comply with a statutory obligation to which he proper accounts is subject to keep and preserve business accounts or draw up a balance sheet, with the result that his financial position is not or not fully ascertainable, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect following a seizure of assets in accordance with Article 43 of the Federal Act of 11 April 1889145 on Debt Enforcement and Bank- ruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 167 Undue prefer- Any debtor who, in the knowledge of his inability to pay and with a ence to creditors view to showing preference to some of his creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from his own means when he is not obliged to do so, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 168 Subornation in 1 Any person who gives or promises a creditor or his representative enforcement proceedings special advantages in order to obtain his vote at the creditors' meeting or on the creditors' committee, or to obtain his consent to or rejection of a judicial composition agreement is liable to a custodial sentence not exceeding three years or to a monetary penalty.

145 SR 281.1

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2 Any person who gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the Commissioner, or the liquidator special advantages in order to influence his decisions is liable to a custodial sentence not exceeding three years or to a monetary penalty. 3 Any person who causes another to give or promise such advantages

is liable the same penalty.

Art. 169 Disposal of Any person who without proper authority and to the prejudice of his seized assets creditors disposes of an asset that has been officially seized or attached, that has been officially recorded in debt recovery, bankruptcy or retention proceedings, or that forms part of property that has been ceded in a liquidation settlement or damages, destroys, reduces the value of, or renders unusable such an asset, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 170 Obtaining a Any debtor who misleads his creditors, the Commissioner, or the debt judicial composition agreement collection authorities, in particular by false accounting or drawing up a by fraud false balance sheet, in order to obtain a moratorium of debt enforcement or the approval of a judicial composition agreement, any third party who acts in the foregoing manner for the benefit of the debtor, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 171 Judicial compo- 1 Articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and sition agreement 167 also apply in the event that a judicial composition agreement has been approved and adopted. 2 If the debtor or a third party in terms of Articles 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of a judicial composition agreement, the competent authority may waive any prosecution, referral to court or the imposition of a penalty.

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Art. 171bis Revocation of 1 If the bankruptcy proceedings are revoked (Art. 195 DEBA146), the bankruptcy authorities responsible may waive any prosecution, referral to court or the imposition of any penalties. 2 If a judicial composition agreement is concluded, paragraph 1 above applies only if the debtor or the third party in terms of Article 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of the agreement.

Art. 172147 4. General provisions

Art. 172bis Combination of Where only a custodial sentence is provided for in this Title, the court a custodial sentence with a may in any case combine the custodial sentence with a monetary monetary penalty penalty.148

Art. 172ter Minor offences 1 Where the offence relates only to a minor asset value or where only a against property minor loss is incurred, the offender is liable on complaint to a fine. 2 This provision does not apply to aggravated theft (Art. 139 para. 2 and 3), robbery or extortion.

Title Three: Offences against Personal Honour and in Breach of Secrecy or Privacy149

Art. 173150 1. Offence 1. Any person who in addressing a third party, makes an accusation against personal honour against or casts suspicion on another of dishonourable conduct or of Defamation other conduct that is liable to damage another's reputation, any person who disseminates such accusations or suspicions,

146 SR 281.1 147 Repealed by No II 3 of the Federal Act of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 148 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 149 Amended by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). 150 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).

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is liable on complaint to a monetary penalty not exceeding 180 daily penalty units151. 2. If the accused proves that the statement made or disseminated by him corresponds to the truth or that he had substantial grounds to hold an honest belief that it was true, he may not be held guilty of an offence. 3. The accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person’s private or family life. 4. If the offender recants his statement, the court may impose a more lenient penalty or no penalty at all. 5. If the accused is unable to prove the truth of his statement, or if it is shown to be untrue, or if the accused recants his statement, the court must state this in its judgment or in another document.

Art. 174 Wilful defama- 1. A person in addressing a third party, and knowing his allegations to tion be untrue, makes an accusation against or casts suspicion on another of dishonourable conduct, or of other conduct that is liable to damage another's reputation, any person who disseminates such accusations or suspicions, knowing them to be untrue, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has acted systematically to undermine the good reputation of another, he is liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.152 3. If the offender recants his statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. The court must provide the person harmed with a document confirming the recantation.

151 Term in accordance with No II 1 para. 13 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 152 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 175 Defamation of a 1 If the defamation, whether wilful or not, is directed at a person who deceased person or of a person is deceased or who has been declared missing presumed dead, the missing pre- relatives of the deceased person or the person missing presumed dead sumed dead are entitled to apply for prosecution. 2 No offence is committed if, at the time of the statement being made, the deceased person has been dead or the missing person missing for more than 30 years.

Art. 176 General provi- Verbal defamation, whether wilful or not, is regarded as the equivalent sion of defamatory statements made in writing, in pictures, by gestures or in any other manner.

Art. 177 Insult 1 Any person who attacks the honour of another verbally, in writing, in pictures, through gestures or through acts of aggression is liable on complaint to a monetary penalty not exceeding 90 daily penalty units.153 2 If the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender. 3 If there is an immediate response to the insult by way of a retaliatory insult or act of aggression, the court may dispense with imposing a penalty on either or both offenders.

Art. 178 Limitation 1 The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.154 2 Article 31 applies to the expiry of the right to file a complaint.155

153 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 154 Amended by No I of the Federal Act of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649). 155 Amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 179 2.156 Offences in Any person who without authority opens a sealed document or sealed breach of privacy or mail in order to obtain knowledge of its content, secrecy Breach of the any person who disseminates or makes use of information he has privacy of a obtained by opening a sealed document or sealed mail that was not sealed document intended for him, is liable on complaint to a fine.

Art. 179bis 157 Listening in on Any person who by using a listening device and without the permis- and recording the conversations sion of all those participating, listens in on a private conversation of others between other persons, or records such a conversation on a recording device, any person who makes use of information that he knows or must assume has come to his knowledge as the result of an offence under the above paragraph or makes such information known to a third party, any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 179ter 158 Unauthorised Any person who, as a participant in a private conversation, records the recording of conversations conversation on a recording device without the permission of the other participants, any person who stores or makes use of a recording, makes the recording available or discloses its content to a third party when he knows or must assume that the recording has been made as the result of an offence under paragraph 1 above, is liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.159

156 Amended by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). 157 Inserted by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). 158 Inserted by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). 159 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 179quater 160 Breach of Any person who observes with a recording device or records with an secrecy or privacy through image-carrying device information from the secret domain of another the use of an or information which is not automatically accessible from the private image-carrying device domain of another, any person who makes use of information or makes information known to a third party, which he knows or must assume has been produced as a result of an offence under paragraph 1 above, any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 179quinquies 161 Legal recordings 1 Persons who as participants in the conversation or subscribers to a participating line record calls: a. with the emergency, rescue or security services; or b. in the course of business that have orders, assignments, reser- vations and similar transactions as their subject matter. do not commit an offence under Article 179bis paragraph 1 or Article 179ter paragraph 1. 2 Article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of recordings in accordance with paragraph 1 above.

Art. 179sexies 162 Marketing and 1. Any person who manufactures, imports, exports, acquires, stores, promotion of devices for possesses, transports, passes on to another, sells, leases, lends or in any unlawful other manner markets, promotes or provides instruction on the manu- listening or sound or image facture of technical devices which are in particular intended for unlaw- recording ful listening or the unlawful making of sound or image recordings, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts on behalf of a third party, that third party is liable to the same penalty as the offender provided he was aware that

160 Inserted by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). 161 Inserted by No I of the Federal Act of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I of the Federal Act of 3 Oct. 2003, in force since 1 March 2004 (AS 2004 823 824; BBl 2001 2632 5816). 162 Inserted by No I of the Federal Act of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).

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the offence was being committed and failed to use his best efforts to prevent the commission of the offence. If the third party is a legal entity, a general or limited partnership or a sole proprietorship163, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.

Art. 179septies 164 Misuse of a Any person who uses a telecommunications installation maliciously or telecommunications installation mischievously in order to cause distress to or harass another, is liable on complaint to a fine.

Art. 179octies 165 Official surveil- 1 Any person who, in the exercise of express statutory powers, orders lance, exempted acts or carries out the surveillance of postal or telecommunications traffic of another or makes use of technical surveillance devices (Art. 179bis ff.) does not commit an offence provided that the consent of the appropriate court is obtained without delay. 2 The requirements for the surveillance of postal or telecommunications traffic and the procedure therefor is governed by the Federal Act of 6 October 2000166 on the Surveillance of Postal and Telecommuni- cations Traffic.

Art. 179novies 167 Obtaining Any person who without authorisation obtains from a data collection personal data without authori- personal data or personality profiles that are particularly sensitive and sation that are not freely accessible is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

163 Terminological amendment relevant only to the German text. 164 Inserted by No I of the Federal Act of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405). 165 Inserted by No VII of the Federal Act of 23 March 1979 on the Protection of Personal Privacy (AS 1979 1170; BBl 1976 I 529 II 1569). Amended by Annex No 1 of the Federal Act of 6 Oct. 2000 on the Surveillance of Post and Telecommunications, in force since 1 Jan. 2002 (AS 2001 3096; BBl 1998 4241). 166 SR 780.1 167 Inserted by Annex No 4 of the Federal Act of 19 June 1992 on Data Protection, in force since 1 July 1993 (AS 1993 1945; BBl 1988 II 413).

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Title Four: Felonies and Misdemeanours against Liberty

Art. 180 Threatening 1 Any person who places another in a state of fear and alarm by mak- behaviour ing a serious threat is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 The offender is prosecuted ex officio if he: a. is the spouse of the victim and the threat was made during the marriage or within one year of divorce; or abis.168 is the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; or b. is the heterosexual or homosexual partner of the victim, provided they are cohabiting for an unlimited period and the threat was made during this time or within one year of separation.169

Art. 181 Coercion Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 181a170 Forced marriage, 1 Any person who, by the use of force or the threat of serious detriment forced registered partnership or other restriction of another's freedom to act compels another to enter into a marriage or to have a same-sex partnership registered is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited is liable to the same penalty. Article 7 paragraphs 4 and 5 apply.

168 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 169 Inserted by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 170 Inserted by No I 6 of the Federal Act of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).

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Art. 182171 Trafficking in 1 Any person who as a supplier, intermediary or customer engages in human beings the trafficking of a human being for the purpose of sexual exploitation, exploitation of his or her labour or for the purpose of removing an organ is liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking. 2 If the victim is a minor172 or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year. 3 In every case, a monetary penalty must also be imposed. 4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.

Art. 183173 False imprison- 1. Any person who unlawfully arrests or holds another prisoner or ment and abduction otherwise unlawfully deprives another of his liberty, any person who, by the use of force, false pretences or threats, abducts another, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. Any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, is liable the same penalty.

Art. 184174 Aggravating The penalty for false imprisonment and abduction is a custodial sen- circumstances tence of not less than one year, if the offender attempts to obtain a ransom, if he treats the victim with cruelty, if the deprivation of liberty lasts for a period in excess of ten days or if the health of the victim is seriously endangered.

171 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807). 172 AS 2012 7501 173 Amended by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). 174 Amended by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).

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Art. 185175 Hostage taking 1. Any person who deprives another of his liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act, any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party, is liable to a custodial sentence of not less than one year . 2. The penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty. 3. In particularly serious cases, and in particular if the act involves several victims, the offender is liable to a custodial sentence of life. 4.176 If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a). 5. Any person who commits the offence abroad is also liable to the foregoing penalties provided he is arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 apply.177

Art. 185bis 178 Enforced 1 Any person who with the intention of removing a person from the disappearance protection of the law for a prolonged period of time: a. on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; or b. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information as to the fate or whereabouts of the person concerned. is liable to a custodial sentence of not less than one year. 2 Any person who commits the offence abroad is also liable to the foregoing penalty provided they are now in Switzerland and are not extradited. Article 7 paragraphs 4 and 5 apply.

175 Amended by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). 176 Amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 177 Second sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 178 Inserted by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).

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Art. 186 Unlawful entry Any person who, against the will of the lawful occupants enters a building, an apartment, a self-contained room within a building, an enclosed area, courtyard or garden forming a direct part of a building, or a clearly demarcated workplace or, despite requests from the lawful occupants to leave, remains in such a location, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Title Five:179 Offences against Sexual Integrity

Art. 187 1. Endangering 1. Any person who engages in a sexual act with a child under 16 years the development of minors of age, or, Sexual acts with children incites a child to commit such an activity, or involves a child in a sexual act, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. The act is not an offence if the difference in age between the persons involved is not more than three years. 3.180 If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, or if the child is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty. 4. If the offender acts under the misconception that the child is 16 years of age or older, but he would not have made this error had he exercised due care, the penalty is a custodial sentence not exceeding three years or a monetary penalty. 5. …181 6. …182

179 Amended by No 1 of the Federal Act of 21 June 1991, in force since 1 Oct. 1992 (AS 1992 1670 1678; BBl 1985 II 1009). 180 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 181 Repealed by No I of the Federal Act of 21 March 1997, with effect from 1 Sept. 1997 (AS 1997 1626; BBl 1996 IV 1318 1322). 182 Inserted by No I of the Federal Act of 21 March 1997 (AS 1997 1626; BBl 1996 IV 1318 1322). Repealed by No I of the Federal Act of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children), with effect from 1 Oct. 2002 (AS 2002 2993; BBl 2000 2943).

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Art. 188 Sexual acts with 1. Any person who commits a sexual act by exploiting his or her dependent persons relationship with a minor over the age of 16 who is dependent on him due to a relationship arising from the minor's education, care or employment or another form of dependent relationship, any person who encourages such a minor to commit a sexual act by exploiting such a relationship, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2.183 If the minor is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.

Art. 189 2. Offences 1 Any person who uses threats, force or psychological pressure on against sexual liberty and another person or makes that other person incapable of resistance in honour order to compel him or her to tolerate a sexual act similar to inter- Indecent assault course or any other sexual act is liable to a custodial sentence not exceeding ten years or to a monetary penalty. 2 …184 3 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.185

Art. 190 Rape 1 Any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse is liable to a custodial sentence of from one to ten years. 2 …186 3 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.187

183 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 184 Repealed by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 185 Amended by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 186 Repealed by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

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Art. 191 Sexual acts with Any person who, in the knowledge that another person is incapable of persons incapable of judgement judgement or resistance, has sexual intercourse with, or commits an act or resistance similar to sexual intercourse or any other sexual act on that person is liable to a custodial sentence not exceeding ten years or to a monetary penalty.

Art. 192 Sexual acts with 1 Any person who, by abusing a dependent relationship with a person persons in institutional care, in institutional care, an inmate of an institution, a prisoner, a detainee prisoners and or a person on remand, induces the dependent person to commit or persons on remand submit to a sexual act, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.188

Art. 193 Exploitation of a 1 Any person who induces another to commit or submit to a sexual act person in a position of need by exploiting a position of need or a dependent relationship based on or dependency employment or another dependent relationship is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.189

Art. 194 Indecent conduct 1 Any person who engages in an act of exhibitionism is liable on complaint to a monetary penalty not exceeding 180 daily penalty units. 2 If the offender undergoes medical treatment, the criminal proceedings may be suspended. They may be resumed if the offender refuses to continue treatment.

187 Amended by No I of the Federal Act of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). 188 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 189 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).

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Art. 195190 3. Exploitation Any person who of sexual acts Encouraging a. induces a minor into prostitution or encourages a minor in his prostitution or her prostitution with the intention of securing a financial advantage b. induces a person into prostitution by exploiting his or her dependence or a financial advantage, c. restricts the freedom to act of a prostitute by supervising him or her in the course of his or her activities or by exercising control over the location, time, volume or other aspects of his or her work as a prostitute or, d. makes a person remain a prostitute against his or her will, is liable to a custodial sentence not exceeding ten years or to a monetary penalty.

Art. 196191 Sexual acts with Any person who carries out sexual acts with a minor or induces a minors against payment minor to carry out such acts and who makes or promises payment in return is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 197192 4. Pornography 1 Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who exhibits in public items or performances as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others is liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence. 3 Any person who recruits or causes a minor to participate in a pornographic performance is liable to a custodial sentence not exceeding three years or to a monetary penalty.

190 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 191 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 192 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).

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4 Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non- genuine sexual acts with minors is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty. 5 Any person who consumes or who for his or her own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors is liable to a custodial sentence not exceeding one year or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding three years or a monetary penalty. 6 In the case of offences under paragraphs 4 and 5, the items shall be forfeited. 7 If the offender acts for financial gain, the custodial sentence must be combined with a monetary penalty. 8 Minors over the age of 16 are not liable to any penalty if by mutual consent they produce items or performances as described in paragraph 1 above that involve each other, or possess or consume such items or performances. 9 Items or recordings as described in paragraphs 1–3 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.

Art. 198 5. Contraven- Any person who causes offence by performing a sexual act in the tions against sexual integrity presence of another who does not expect it, Sexual harassment any person who sexually harasses another physically or through the use of indecent language, is liable on complaint to a fine.

Art. 199 Unauthorised Any person who violates the cantonal regulations on the permitted practice of prostitution locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance is liable to a fine.

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Art. 200 6. Joint commis- Where any person commits an offence under this Title jointly with one sion or more others, the court may increase the penalty imposed, but may not exceed the standard maximum penalty for the offence by more than an additional half. The court, in imposing the penalty, is bound by the statutory maximum penalty for the type of offence in question.

Art. 201–212193

Title Six: Felonies and Misdemeanours against the Family

Art. 213194 Incest 1 Any person who has sexual intercourse with a blood relative in direct line or with a brother or sister, or a half-brother or half-sister is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Minors are not liable to any penalty provided they have been induced to commit the act. 3 …195

Art. 214196

Art. 215197 Bigamy Any person who marries or enters into a registered same-sex partnership when he is already married or living in a registered same-sex partnership, any person who marries or enters into a registered same-sex partnership with a person who is already married or living in a registered same-sex partnership, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

193 These repealed articles have (with the exception of Art. 211) been replaced by Articles 195, 196, 197, 198, 199 (see Commentary on Dispatch No 23; BBl 1985 II 1009). Art. 211 has been deleted without replacement. 194 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 195 Repealed by No I of the Federal Act of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children; AS 2002 2993; BBl 2000 2943). 196 Repealed by No I of the Federal Act of 23 June 1989, with effect from 1 Oct. 2002 (AS 1989 2449; BBl 1985 II 1009). 197 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).

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Art. 216198

Art. 217199 Neglect of duty 1 Any person who fails to fulfil his or her family law duties to provide to support the family maintenance or support although he or she has or could have the means to do so, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 The authorities and agencies appointed by the cantons also have the right to file a complaint. In exercising this right, they shall take account of the interests of the family.

Art. 218200

Art. 219201 Neglect of duties 1 Any person who violates or neglects his or her duties of supervision of care, supervision or education and education towards a minor and thus endangers the minor's physical or mental development, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the person concerned acts through negligence, a fine may be imposed instead of a custodial sentence or a monetary penalty.202

Art. 220203 Abduction of Any person who removes a minor from or refuses to return a minor to minors the person holding the right to decide on the minor's place of residence is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

198 Repealed by No I of the Federal Act of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009). 199 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 200 Repealed by No I of the Federal Act of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009). 201 Amended by No I of the Federal Act of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 202 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 203 Amended by Annex No 4 of the Federal Act of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).

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Title Seven: Felonies and Misdemeanours constituting a Public Danger

Art. 221 Arson 1 Any person who wilfully causes a fire and thus does damage to another or causes a danger to the public is liable to a custodial sentence of not less than one year. 2 If the offender wilfully endangers the life and limb of others, the penalty is a custodial sentence of not less than three years. 3 If the damage caused is minor, the penalty may be reduced to a custodial sentence of up to three years or to a monetary penalty.

Art. 222 Negligent arson 1 Any person who causes a fire through negligence and thus does damage to another or causes a danger to the public is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender through negligence endangers the life and limb of others, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 223 Causing an 1. Any person who wilfully causes an explosion involving gas, petrol, explosion paraffin or a similar substance and thus knowingly endangers the life and limb or property of others is liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 224 Misuse of 1 Any person who wilfully and with criminal intent endangers the life explosives and toxic gases with and limb or the property of others through the use of explosives or criminal intent toxic gases is liable to a custodial sentence of not less than one year. 2 If only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.

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Art. 225 Misuse of 1 Any person who wilfully but without criminal intent endangers the explosives or toxic gases life and limb or the property of others through the use of explosives or without criminal toxic gases is liable to a custodial sentence not exceeding five years or intent or through negligence to a monetary penalty. 2 In minor cases, a fine may be imposed.

Art. 226 Manufacture, 1 Any person who manufactures explosives or toxic gases that he concealment and transport of knows or must assume are intended to be used to commit a felony is explosives and liable to a custodial sentence not exceeding ten years or to a monetary toxic gases penalty of not less than 180 daily penalty units. 2 Any person who procures, passes on to another, accepts from another, safeguards, conceals or transports explosives, toxic gases or substances suitable for their manufacture is liable, if he knows or must assume that they are intended to be used to commit a felony, to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units204. 3 Any person who instructs another person on how to manufacture explosives or toxic gases when he knows or must assume that that person is planning to use the explosives or toxic gases to commit a felony is liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units.

Art. 226bis 205 Causing danger 1 Any person who wilfully causes serious danger to the life or the by means of nuclear energy, health of people or to the property of others by means of nuclear radioactivity or energy, radioactive substances or ionising radiation is liable to a cus- ionising radiation todial sentence or a monetary penalty. A custodial sentence must be combined with a monetary penalty. 2 If the offender acts through negligence, he is liable to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.

Art. 226ter 206 Preparatory offences

204 Term in accordance with No II 1 para. 14 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 205 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003, in force since 1 Feb. 2005 (RO 2004 4719; BBl 2001 2665). 206 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003, in force since 1 Feb. 2005 (RO 2004 4719; BBl 2001 2665).

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1 Any person who systematically carries out specific technical or organisational preparations for acts intended to cause danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation of substantial value is liable to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty. 2 Any person who manufactures, procures, passes on to another, accepts from another, stores, conceals or transports radioactive substances, equipment, apparatus or articles that contain radioactive substances or may emit ionising radiation is liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty. 3 Any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles is liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.

Art. 227 Causing a flood, 1. Any person who wilfully causes a flood, the collapse of a structure collapse or landslide or a landslide or rock fall and thus knowingly endangers the life and limb of people or the property of others is liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 228 Criminal damage 1. Any person who wilfully damages or destroys electrical installa- to electrical installations, and tions, hydraulic structures such as dams, weirs, dikes, and floodgates, hydraulic or structures erected to provide protection against natural forces such as protective structures landslides or avalanches, and thus knowingly endangers the life and limb of people or the property of others, is liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

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Art. 229 Violation of 1 Any person engaged in the management or execution of construction construction regulations or demolition work who wilfully disregards the accepted rules of construction and as a result knowingly endangers the life and limb of others is liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty. 2 If the offender disregards the accepted rules of construction through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 230 Removal or non- 1. Any person who wilfully damages, destroys, removes, otherwise installation of safety devices renders unusable or deactivates a safety device which serves to prevent accidents in a factory or other commercial premises or on a machine, who wilfully fails to install such a device in violation of the regulations, and thus knowingly endangers the life and limb of other people, is liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Title Eight: Felonies and Misdemeanours against Public Health

Art. 230bis 207 Causing danger 1 Any person who wilfully releases genetically modified or pathogenic by means of genetically organisms or the disrupts the operation of a facility for the research modified or into, or the safeguarding, production or transport of such organisms is pathogenic organisms liable to a custodial sentence not exceeding ten years, provided he knows or must assume that through his acts: a. he will endanger the life and limb of people; or b. the natural composition of communities of animals and plants or their habitats will be seriously endangered. 2 If the offender acts through negligence, he is liable to a custodial sentence not exceeding three years or to a monetary penalty.

207 Inserted by Annex No 1 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (RO 2003 4803; BBl 2000 2391).

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Art. 231208 Transmission of 1. Any person who maliciously transmits a dangerous communicable human diseases human disease is liable to a custodial sentence of from one to five years.

Art. 232 Transmission of 1. Any person who wilfully causes the transmission of an epizootic an epizootic disease disease among domestic animals is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 233 Propagation of 1. Any person who wilfully propagates a parasite or micro-organism harmful parasites that constitutes a danger to agriculture or forestry, is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 234 Contamination 1 Any person who wilfully contaminates drinking water intended for of drinking water people or domestic animals with substances that are damaging to health is liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units. 2 If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 235 Production of 1. Any person who wilfully produces or treats animal feed or harmful animal feed feedstuffs for domestic animals in such a way that they constitute a danger to the health of animals is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender carries on a commercial operation to produce or treat animal feed that is harmful to animals, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than

208 Amended by Art. 86 No 1 of the Epidemics Act of 28 Sept. 2012, in force since 1 Jan. 2016 (AS 2015 1435; BBl 2011 311).

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30 daily penalty units. A custodial sentence must be combined with a monetary penalty.209 In such cases, public notice is given of the conviction. 2. If the person concerned acts through negligence, the penalty is a fine. 3. The products are forfeited. They may be rendered harmless or destroyed.

Art. 236 Marketing of 1 Any person who wilfully imports, stores, offers for sale or markets harmful animal feed animal feed or animal feedstuffs that constitute a danger to animals is liable to a custodial sentence not exceeding three years or to a monetary penalty. Public notice is given of the conviction. 2 If the person concerned acts through negligence, the penalty is a fine. 3 The products are forfeited. They may be rendered harmless or destroyed.

Felonies and Misdemeanours against Public Traffic

Art. 237 Disruption of 1. Any person who wilfully obstructs, disrupts or endangers public public traffic traffic, in particular traffic on the roads, on water or in the air and as a result knowingly causes danger to the life and limb of other people is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender thus knowingly endangers the life and limb of a large number of people, a custodial sentence of from one to ten years may be imposed. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 238 Disruption of rail 1 Any person who wilfully obstructs, disrupts or endangers railway traffic services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty210.

209 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 210 Term in accordance with No II 1 para. 15 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

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2 If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 239 Disruption of 1. Any person who wilfully obstructs, disrupts or endangers the opera- public services tion of a public service and in particular the railway, postal, telegraph- ic or telephone services, any person who wilfully obstructs, disrupts or endangers the operation of a public utility or installation which provides water, light, power or heat, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Title Ten: Counterfeiting of Money, Official Stamps, Official Marks, Weights and Measures

Art. 240 Counterfeiting 1 Any person who counterfeits coins, paper money or banknotes in money order to pass these off as genuine is liable to a custodial sentence of not less than one year. 2 In particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty. 3 The offender is also liable to the foregoing penalties if he committed the act abroad, has entered Switzerland and is not being extradited, provided the act is also an offence at the place of commission.

Art. 241 Falsification of 1 Any person who alters coins, paper money or bank notes in order to money pass these off at a value higher than their true value is liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 180 daily penalty units.211 2 In particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

211 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 242 Passing or 1 Any person who passes or tenders counterfeit or falsified coins, tendering counterfeit paper money or bank notes as genuine money is liable to a custodial money sentence not exceeding three years or to a monetary penalty212. 2 If the offender, the person instructing him or his agent accepted the coins or banknotes on the understanding that they were genuine or not falsified, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 243213 Imitation of bank 1 Any person who, without the intention of committing the offence of notes, coins or official stamps forgery, reproduces or imitates bank notes and thus creates the risk that without intent to persons or machines will confuse such notes with genuine notes, in commit forgery particular if the overall appearance, one side or the greater part of one side of a bank note reproduces or imitates a material and a size that is identical or similar to the material and size of the original, any person who, without the intention of committing the offence of forgery, produces objects which in their appearance, weight and size are similar to coins in circulation, or which show the nominal value or other characteristics of coins which have been officially struck, and thus creates the risk that persons or machines will confuse such coins with coins which are in circulation, any person who, without the intention of committing the offence of forgery reproduces or imitates official stamps and thus creates the risk that such stamps will be confused with genuine stamps, any person who imports, offers or puts into circulation such objects articles, is liable to a custodial sentence not exceeding three years or to a monetary penalty.214 2 If the person concerned acts through negligence, he is liable to a fine.215

212 Term in accordance with No II 1 para. 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 213 Amended by Annex No 3 of the Federal Act of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258). 214 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 215 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 244 Import, acquisi- 1 Any person who imports, acquires or stores counterfeit or falsified tion and storage of counterfeit coins, paper money or bank notes in order to pass these off as genuine money or non-falsified is liable to a custodial sentence not exceeding three years or to a monetary penalty.216 2 Any person who imports, acquires or stores such money on a large scale is liable to a custodial sentence of from one to five years.

Art. 245 Forgery of 1. Any person who forges or falsifies official stamps, and in particular official stamps postage stamps, revenue stamps or fee stamps, in order to pass these off as genuine or non-falsified, any person who gives cancelled official value stamps the appearance of being valid in order to pass them off as such, is liable to a custodial sentence not exceeding three years or to a monetary penalty. The offender is also liable to the foregoing penalties if he committed the act abroad, has entered Switzerland and is not being extradited, provided the act is also an offence at the place of commission. 2. Any person who passes off forged, falsified or cancelled official stamps as genuine, non-falsified or valid is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 246 Forgery of Any person who forges or falsifies an official mark which the authori- official marks ties affix to an object to confirm the result of an inspection or the granting of authorisation such as hallmarks, or marks stamped on goods by meat inspectors or customs officials, with the intention of passing the mark off as genuine, any person who passes off such forged or falsified marks as genuine or non-falsified, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 247 Counterfeiting Any person who constructs or acquires equipment for the forgery or equipment and unlawful use of falsification of coins, paper money, bank notes or official stamps in equipment order to make unlawful use of such equipment,

216 Amended by Annex No 3 of the Federal Act of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).

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any person who makes unlawful use of equipment which is used for the production of coins, paper money, bank notes or official stamps, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 248 Falsification of Any person who, in order to deceive others in trade or commerce, weights and measures attaches a false calibration mark to weights and measures, scales or other measuring instruments or falsifies an existing calibration mark, makes alterations to weights and measures, scales or other measuring instruments, or makes use of forged or falsified weights and measures, scales or other measuring instruments, is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 249217 Forfeiture 1 Forged or falsified coins, paper money, banknotes, official stamps, official marks, weights and measures, scales or other measuring instruments as well as the counterfeiting equipment is forfeited and rendered unusable or destroyed. 2 Banknotes, coins or official stamps that have been reproduced, imitated or produced without the intent to commit forgery, but which create a risk of confusion, are also forfeited and rendered unusable or destroyed.

Art. 250 Foreign currency The provisions this Title also apply in the case of foreign coins, paper and stamps money, banknotes and stamps.

Title Eleven: Forgery

Art. 251218 Forgery of a 1. Any person who with a view to causing financial loss or damage to document the rights of another or in order to obtain an unlawful advantage for himself or another,

217 Amended by Annex No 3 of the Federal Act of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258). 218 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

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produces a false document, falsifies a genuine document, uses the genuine signature or mark of another to produce a false document, falsely certifies or causes to be falsely certified a fact of legal significance or, makes use of a false or falsified document in order to deceive, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty may be imposed.

Art. 252219 Forgery of Any person who with the intention of furthering his own position or certificates that of another, forges or falsifies identity documents, references, or certificates, uses such a document in order to deceive another, or uses a genuine document of this nature but which does not apply to him in order to deceive another, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 253 Obtaining a false Any person who by fraudulent means causes a public official or a certificate by fraud person acting in an official capacity to certify an untrue fact of substantial legal significance, and in particular to certify a false signature or an incorrect copy as genuine, or any person who makes use of a document obtained by fraud in this way in order to deceive another as to the fact certified therein, is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 254 Suppression of 1 Any person who damages, destroys, conceals or misappropriates a documents document over which he has no exclusive right of disposal, with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another is liable to a custodial sentence not exceeding five years or to a monetary penalty.

219 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

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2 The suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.

Art. 255 Official foreign Articles 251–254 also apply to official foreign documents. documents

Art. 256 Moving of Any person who, with the intention of causing financial loss or damag- boundary markers ing the rights of another or of obtaining an unlawful advantage for himself or another, removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 257 Removal of Any person who removes, moves, renders unrecognisable or falsely survey points and water level positions a public survey point or water level indicator is liable to a indicators custodial sentence not exceeding three years or to a monetary penalty.

Title Twelve: Felonies and Misdemeanours against Public Order

Art. 258220 Causing fear and Any person who causes fear and alarm among the general public by alarm among the general public threatening or feigning a danger to life, limb or property is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 259221 Public incite- 1 Any person who publicly incites others to commit a felony is liable ment to commit a felony or act of to a custodial sentence not exceeding three years or to a monetary violence penalty. 1bis Public incitement to commit genocide (Art. 264), where the intention is for the act to be carried out exclusively or partly in Switzerland, is also an offence if the incitement occurs outside Switzerland.222

220 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969). 221 Amended by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). 222 Inserted by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

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2 Any person who publicly incites others to commit a misdemeanour that involves violence against other persons or property is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 260 Rioting 1 Any person who takes part in a riotous assembly in public in the course of which acts of violence are committed against persons and property by the use of united force is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Participants who remove themselves when officially ordered to do so are not held to have committed an offence if they have not used violence or encouraged others to do so.

Art. 260bis 223 Acts preparatory 1 Any person who, in accordance with a plan, carries out specific to the commission of an technical or organisational measures, the nature and extent of which offence indicate that the offender intends to commit any of the offences listed below is liable to a custodial sentence not exceeding five years or to a monetary penalty: a. Intentional homicide (Art. 111); b. Murder (Art. 112); c. Serious assault (Art. 122); cbis.224 Female genital mutilation (Art. 124); d. Robbery (Art. 140); e. False imprisonment and abduction (Art. 183); f. Hostage taking (Art. 185); fbis.225 Enforced disappearance (Art. 185bis); g. Arson (Art. 221); h. Genocide (Art. 264); i. Crimes against humanity (Art. 264a); j. War crimes (Art. 264c–264h).226

223 Inserted by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). 224 Inserted by No I of the Federal Act of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). 225 Inserted by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453). 226 Amended by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

106 Book Two: Specific Provisions 311.0

2 If the offender, of his own volition, does not complete the preparatory act, he is not liable to any penalty. 3 It is also an offence for any person to carry out a preparatory act abroad, provided it was intended to commit the offences in Switzer- land. Article 3 paragraph 2 applies.227

Art. 260ter 228 Criminal 1. Any person who participates in an organisation, the structure and organisation personal composition of which is kept secret and which pursues the objective of committing crimes of violence or securing a financial gain by criminal means, any person who supports such an organisation in its criminal activities, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. The court has the discretion to mitigate the penalty imposed (Art. 48a)229 if the offender makes an effort to foil the criminal activities of the organisation. 3. The foregoing penalties also apply to any person who commits the offence outside Switzerland provided the organisation carries out or intends to carry out its criminal activities wholly or partly in Switzer- land. Article 3 paragraph 2 applies.230

Art. 260quater 231 Endangering Any person who sells, hires, gifts, hands over or procures firearms, public safety with weapons weapons prohibited by law, essential components of weapons, weapons accessories, ammunition or components of ammunition, although he knows or must assume that the weapons are intended to be used to commit a felony or misdemeanour is liable, provided his activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.232

227 Wording of the sentence in accordance with No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 228 Inserted by No I of the Federal Act of 18 March 1994, in force since 1 Aug. 1994 (AS 1994 1614 1618; BBl 1993 III 277). 229 Wording of the first part-sentence in accordance with No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 230 Wording of the sentence in accordance with No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 231 Inserted by Art. 41 of the Weapons Act of 20 June 1997, in force since 1 Jan. 1999 (AS 1998 2535; BBl 1996 I 1053). 232 New designation of criminal penalties in accordance with No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Art. 260quinquies 233 Financing 1 Any person who collects or provides funds with a view to financing a terrorism violent crime that is intended to intimidate the public or to coerce a state or international organisation into carrying out or not carrying out an act is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the person merely acknowledges the possibility that the funds may be used to finance terrorism, he does not commit an offence under this Article. 3 The act does not constitute the financing of a terrorist offence if it is carried out with a view to establishing or re-establishing a democratic regime or a state governed by the rule of law or with a view to exercising or safeguarding human rights. 4 Paragraph 1 does not apply if the financing is intended to support acts that do not violate the rules of international law on the conduct of armed conflicts.

Art. 261 Attack on the Any person who publicly and maliciously insults or mocks the reli- freedom of faith and the freedom gious convictions of others, and in particularly their belief in God, or to worship maliciously desecrates objects of religious veneration, any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, or any person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution, is liable to a monetary penalty not exceeding 180 daily penalty units.

Art. 261bis 234 Racial discrimi- Any person who publicly incites hatred or discrimination against a nation person or a group of persons on the grounds of their race, ethnic origin or religion, any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of the members of a race, ethnic group or religion, any person who with the same objective organises, encourages or participates in propaganda campaigns,

233 Inserted by No I 1 of the Federal Act of 21 March 2003 (Financing of Terrorism), in force since 1 Oct. 2003 (AS 2003 3043 3047; BBl 2002 5390). 234 Inserted by Art. 1 of the Federal Act of 18 June 1993, in force since 1 Jan. 1995 (AS 1994 2887 2888; BBl 1992 III 269).

108 Book Two: Specific Provisions 311.0

any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin or religion in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity, any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin or religion when that service is intended to be provided to the general public, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 262 Disturbing the 1. Any person who desecrates the resting place of a dead person, peace of the dead Any person who maliciously disrupts or desecrates a funeral proces- sion or funeral ceremony, Any person who desecrates or publicly insults a dead body, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who removes a dead body or part of a dead body or the ashes of a dead person against the will of those entitled thereto is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 263 Committing an 1 Any person who is incapable of forming criminal intent as a result of offence while in a state of voluntarily induced intoxication through alcohol or drugs, and while in voluntarily this state commits an act punishable as a felony or misdemeanour is induced mental incapacity liable to a monetary penalty not exceeding 180 daily penalty units. 2 If the offender has, in this self-induced state, committed an act for which the only penalty is a custodial sentence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.235

235 Amended by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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Title Twelvebis:236 Genocide and Crimes against Humanity

Art. 264 Genocide 1 The penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation: a. kills members of such a group, or seriously harms them physically or mentally; b. inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction; c. orders or takes measures that are directed towards preventing births within such a group; or d. forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another group

Art. 264a Crimes against 1 The penalty is a custodial sentence of not less than five years for any humanity person who, as part of a widespread or systematic attack directed against any civilian population: a. Intentional a. intentionally kills another person; homicide b. Extermination b. intentionally kills a number of persons or intentionally inflicts conditions of life calculated to bring about the destruction of all or part of the population; c. Enslavement c. assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour; d. False impris- d. severely deprives a person of his or her liberty in violation of onment the fundamental rules of international law; e. Enforced e. and with the intention of removing a person from the protec- disappearance of persons tion of the law for a prolonged period of time: 1. on behalf of or with the acquiescence of a State or political organisation, deprives that person of his or her liberty, and thereafter refuses to give information on his or her fate or whereabouts, or

236 Inserted by No I of the Federal Act of 24 March 2000 (AS 2000 2725; BBl 1999 5327). Amended by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

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2. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information on the fate or whereabouts of the person concerned; f. Torture f. inflicts severe pain or suffering or serious injury, whether physical or mental, on a person in his or her custody or under his or her control; g. Violation of g. rapes a person of the female gender or, after she has been for- sexual rights cibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person into prostitution or to be sterilised; h. Deportation or h. expels or by other coercive acts displaces persons from an area forcible transfer in which they are lawfully present; i. Persecution i. in violation of international law and for political, racist, eth- and apartheid nic, religious, social or other reasons, severely denies or deprives a group of people of fundamental rights in connection with an offence under Title Twelvebis or Title Twelveter or for the purpose of the systematic oppression or domination of an ethnic group; j. Other inhu- j. commits any other act of a comparable seriousness to the felo- mane acts nies mentioned in this paragraph and thereby causes severe pain or suffering or serious injury, whether physical or mental, to a person. 2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed. 3 In less serious cases under paragraph 1 letters c–j, a custodial sentence of not less than one year may be imposed.

Title Twelveter:237 War Crimes

Art. 264b 1. Scope of Articles 264d–264j apply in connection with international armed application conflicts including occupations as well as, unless the nature the offences requires otherwise, in connection with non-international armed conflicts.

237 Inserted by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

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Art. 264c 2. Serious 1 The penalty is a custodial sentence of not less than five years for any violations of the Geneva Conven- person who commits a serious violation of the Geneva Conventions of tions 12 August 1949238 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions: a. intentional homicide; b. hostage taking; c. causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments; d. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wan- tonly; e. compelling a person to serve in the forces of a hostile power; f. unlawful deportation or transfer or unlawful confinement; g. denying the right to a fair and regular trial before the imposition or execution of a severe penalty. 2 Acts in terms of paragraph 1 committed in connection with a non- international armed conflict are equivalent to serious violations of international humanitarian law if they are directed against a person or property protected by international humanitarian law. 3 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed. 4 In less serious cases under paragraph 1 letters c–g, a custodial sentence of not less than one year may be imposed.

Art. 264d 3. Other war 1 The penalty is a custodial sentence of not less than three years for crimes a. Attacks on any person who in connection with an armed conflict directs an attack: civilians and civilian objects a. against the civilian population as such or against individual civilians not taking direct part in hostilities; b. against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in ac-

238 Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GA I), SR 0.518.12; Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea (GA II), SR 0.518.23; Geneva Convention of 12 Aug. 1949 relative to the Treatment of Prisoners of War (GA III), SR 0.518.42; Geneva Convention of 12 Aug. 1949 relative to the Protection of Civilian Persons in Time of War (GA IV), SR 0.518.51.

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cordance with the Charter of the United Nations of 26 June 1945239, as long as they are entitled to the protection of international humanitarian law; c. against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives; d. against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected; e. against cultural property or persons entrusted with its protection or vehicles for its transport, against buildings dedicated to religion, education, art, science or charitable purposes, provided they are protected by international humanitarian law. 2 In especially serious cases of attacks on persons, a custodial sentence of life may be imposed. 3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264e b. Unjustified 1 The penalty is a custodial sentence of not less than three years for medical treatment, violation any person who, in connection with an armed conflict: of sexual rights and human a. causes severe pain or suffering or serious injury or danger, dignity whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the state of his or her health and which does comply with generally recognised medical principles; b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised; c. subjects a person protected by international humanitarian law to especially humiliating and degrading treatment. 2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed. 3 In less serious cases, a custodial sentence of not less than one year may be imposed.

239 SR 0.120

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Art. 264f c. Recruitment 1 The penalty is a custodial sentence of not less than three years for and use of child soldiers any person who enlists a child under the age of fifteen into armed forces or groups or recruiting them for this purpose or using them to participate in armed conflicts. 2 In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed 3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264g d. Prohibited 1 The penalty is a custodial sentence of not less than three years for methods of warfare any person who, in connection with an armed conflict: a. launches an attack although he knows or must assume that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; b. uses a person protected by international humanitarian law as a human shield in order to influence military operations; c. as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies; d. kills or wounds an enemy combatant treacherously or after he or she has laid down his or her arms or no longer has a means of defence; e. mutilates a dead enemy combatant; f. as the commander orders that no quarter be given or threatens the enemy that no quarter will be given; g. makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, or the distinctive emblems under international humanitarian law; h. as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.

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2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed. 3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264h e. Use of 1 The penalty is a custodial sentence of not less than three years for prohibited weapons any person who, in connection with an armed conflict: a. employs poison or poisoned weapons; b. employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids; c. employs bullets which expand or flatten easily or explode in the human body; d. employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment; e. employs laser weapons primarily designed to cause permanent blindness. 2 In especially serious cases, a custodial sentence of life may be imposed

Art. 264i 4. Violation of a The penalty is a custodial sentence not exceeding three years or a ceasefire or peace agreement. monetary penalty for any person who: Offences against a peace negotia- a. continues military operations after receiving official notifica- tor. Delayed repatriation of tion of an agreement on a ceasefire or a peace agreement, or prisoners of war violates the conditions of the ceasefire in some other way; b. abuses, insults or without reason obstructs an opposing peace negotiator or any of his party; c. without justification delays the repatriation of prisoners of war after conclusion of military operations.

Art. 264j 5. Other The penalty is a custodial sentence not exceeding three years or a violations of international monetary penalty for any person who in connection with an armed humanitarian law conflict violates a provision of international humanitarian law other than those mentioned in Articles 264c–264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by Switzerland.

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Title Twelvequater:240 Common Provisions for Title Twelvebis and Title Twelveter

Art. 264k Criminal liability 1 A superior who is aware that a subordinate is carrying out or will of superiors carry out an act under the Title Twelvebis or Title Twelveter and who fails to take appropriate measures to prevent the act is liable to the same penalty as the perpetrator of the act. If the superior fails to prevent the act through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty. 2 A superior who is aware that a subordinate has carried out an act under Title Twelvebis or Title Twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act is liable to a custodial sentence not exceeding three years or a monetary penalty.

Art. 264l Acting on orders A subordinate who, on orders from a superior or on orders of equivalent binding effect, carries out an act under Title Twelvebis or Title Twelveter is guilty of an offence if he was aware at the time that the act is an offence.

Art. 264m Acts carried out 1 A person who carries out an act under Title Twelvebis, Title Twelveter abroad or Article 264k while abroad is guilty of an offence if he is in Switzer- land and is not extradited to another State or delivered to an international criminal court whose jurisdiction is recognised by Switzerland. 2 Where the victim of the act carried out abroad is not Swiss and the perpetrator is not Swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with provided: a. a foreign authority or an international criminal court whose jurisdiction is recognised by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court; or b. the suspected perpetrator is no longer in Switzerland and is not expected to return there. 3 Article 7 paragraphs 4 and 5 applies unless the acquittal, or the remission or application of time limits for the execution of the sen-

240 Inserted by No I 1 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

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tence abroad has the aim of protecting the offender from punishment without justification.

Art. 264n Exclusion of The prosecution of offences under Title Twelvebis, Title Twelveter and relative immunity under Article 264k does not require authorisation in accordance with any of the following provisions: a. Article 7 paragraph 2 letter b of the Criminal Procedure Code241; b. Article 14 and 15 of the Government Liability Act of 14 March 1958242; c. Article 17 of the Parliament Act of 13 December 2002243; d. Article 61a of the Government and Administration Organisa- tion Act of 21 March 1997244; e. Article 11 of the Federal Supreme Court Act of 17 June 2005245; f. Article 12 of the Federal Administrative Court Act of 17 June 2005246; g. Article 16 of the Patent Court Act of 20. March 2009247; h. Article 50 of the Criminal Justice Authorities Act of 19 March 2010248.

Title Thirteen: Felonies and Misdemeanours against the State and National Security

Art. 265 1. Felonies and Any person who carries out an act with the aim, through the use of misdemeanours against the state violence, High treason of changing the constitution of the Confederation249 or of a canton250,

241 SR 312.0 242 SR 170.32 243 SR 171.10 244 SR 172.010 245 SR 173.110 246 SR 173.32 247 SR 173.41 248 SR 173.71 249 SR 101 250 SR 131.211/.235

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of deposing the constitutionally appointed state authorities or rendering them unable to exercise their powers, or of severing an area of Swiss territory from the Confederation or a part of cantonal territory from a canton, is liable to a custodial sentence of not less than one year251.

Art. 266 Attacks on the 1. Any person who a carries out an act with the aim of, independence of the Confedera- violating or endangering the independence of the Confederation or tion endangering the independence of the Confederation by bringing about the interference of a foreign power in federal affairs, is liable to a custodial sentence of not less than one year. 2.252 Any person who enters into a relationship with the government of a foreign state or its agents with the aim of bringing about a war against the Confederation is liable to a custodial sentence of not less than three years. In serious cases a life sentence may be imposed.

Art. 266bis 253 Foreign opera- 1 Any person who with a view to bringing about or supporting foreign tions and activities operations or activities directed against the security of Switzerland, directed against contacts a foreign state, foreign parties, or other foreign organisations the security of Switzerland or their agents, or issues or disseminates false or distorted information is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 In serious cases, a custodial sentence of not less than one year may be imposed.

Art. 267 Diplomatic 1. Any person who wilfully makes known or makes accessible to a treason foreign state or its agents or to the general public a secret, the preservation of which is necessary in the interests of the Confederation,254

251 Term in accordance with No II 1 para. 11 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. 252 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 253 Inserted by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249). 254 Amended by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).

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any person who falsifies, destroys, disposes of or steals documents or evidence relating to legal relations between the Confederation or a canton and a foreign state and thus endangers the interests of the Confederation or the canton, or any person who, as the authorised representative of the Confederation, conducts negotiations with a foreign government which are intended to be detrimental to the Confederation, is liable to a custodial sentence of not less than one year. 2.255 Any person who wilfully makes known or makes accessible to the general public a secret, the preservation of which is necessary in the interests of the Confederation is liable to a custodial sentence not exceeding five years or to a monetary penalty. 3.256 If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 268 Moving of Any person who removes, moves, renders unrecognisable, falsely national boundary positions or falsifies a boundary stone or other boundary marker which markers serves to indicate a national, cantonal or communal boundary is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 269 Violation of Any person forcibly enters Swiss territory in violation of international Swiss territorial sovereignty law is liable to a custodial sentence or to a monetary penalty.

Art. 270 Attacks on Swiss Any person who maliciously removes, damages or acts in an insulting national emblems manner towards a Swiss national emblem which is displayed by a public authority, and in particular the coat of arms or the flag of the Confederation or a canton is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 271257 Unlawful 1. Any person who carries out activities on behalf of a foreign state on activities on behalf of a Swiss territory without lawful authority, where such activities are the foreign state responsibility of a public authority or public official,

255 Inserted by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). 256 Originally No 2. 257 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).

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any person who carries out such activities for a foreign party or organisation, any person who encourages such activities, is liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.258 2. Any person who abducts another by using violence, false pretences or threats and takes him abroad in order to hand him over to a foreign authority, party or other organisation or to expose him to a danger to life or limb is liable to a custodial sentence of not less than one year. 3. Any person who makes preparations for such an abduction is liable to a custodial sentence or to a monetary penalty.

Art. 272259 2. Espionage 1. Any person who provides political intelligence-gathering services Political espionage or organises such services in the interest of a foreign state, a foreign party or any other foreign organisation, to the detriment of Switzerland or its citizens, inhabitants or organisations, any person who recruits or encourages others to provide such services, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. In serious cases, the penalty is a custodial sentence of not less than one year. A serious case is constituted, in particular, where the offender incites activities or makes false reports such that the internal or external security of the Confederation is threatened.

Art. 273 Industrial Any person who obtains a manufacturing or trade secret in order to espionage make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or, any person who makes a manufacturing or trade secret available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, is liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than

258 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 259 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).

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one year. Any custodial sentence may be combined with a monetary penalty.260

Art. 274261 Military 1. Any person who conducts, organises, recruits others to conduct or espionage encourages military intelligence-gathering services on behalf of a foreign state and to the detriment of Switzerland, is liable to a custodial sentence not exceeding three years or to a monetary penalty. In serious cases, a custodial sentence of not less than one year may be imposed. 2. Any correspondence and materials will be confiscated.

Art. 275262 3. Endangering Any person who carries out an act which is intended to disrupt or alter the constitutional 263 264 order the constitutional order of the Confederation or the cantons in an Attacks on the unlawful manner is liable to a custodial sentence not exceeding five constitutional order years or to a monetary penalty.

Art. 275bis 265 Subversive Any person who disseminates foreign propaganda which is intended to propaganda bring about the violent overthrow of the constitutional order of the Confederation or a canton is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 275ter 266 Unlawful Any person who founds an association, the aim of which or the activi- association ty of which involves the commission of acts that are offences under Articles 265, 266, 266bis, 271–274, 275 and 275bis, any person who joins such an association or participates in its activities, and

260 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 261 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 262 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 263 SR 101 264 SR 131.211/.235 265 Inserted by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249). 266 Inserted by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).

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any person who calls for the formation of such an association or follows its instructions, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 276 4. Disruption of 1. Any person who publicly incites others to disobey military orders, military security Incitement and to violate military duties, to refuse to perform military service or to inducement to desert, and violate military duties any person who induces a person obliged to perform military service to carry out such an act, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Where the incitement or inducement relates to mutiny or the preparation for mutiny, the penalty is a custodial sentence or a monetary penalty.

Art. 277 Forgery of 1. Any person who wilfully forges, falsifies, suppresses or removes a military orders or instructions call-up order, mobilisation order or marching order, or instructions intended for those obliged to perform military service, and any person who makes use of such a forged or falsified order or instruction, is liable to a custodial sentence or to a monetary penalty. 2. If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 278 Disruption of Any person who prevents a member of the armed forces from carrying military service out his military service or obstructs him in the course of his service is liable to a monetary penalty not exceeding 180 daily penalty units.

Title Fourteen: Misdemeanours against the Will of the People

Art. 279 Disruption and Any person who by the use of violence or the threat of seriously det- obstruction of elections and rimental consequences obstructs or disrupts a meeting, election or vote votes organised under the terms of the constitution or the law, and any person who by the use of violence or the threat of seriously detrimental

122 Book Two: Specific Provisions 311.0

consequences obstructs or disrupts the collection of signatures for or the handing-over of a petition requesting a referendum or initiative, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 280 Attacks on the Any person who by the use of violence or the threat of seriously det- right to vote rimental consequences prevents a voter from exercising his right to vote or to sign a petition requesting a referendum or initiative, and any person who by the use of violence or the threat of seriously detrimental consequences coerces a voter into exercising his voting rights or into voting in a particular way, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 281 Corrupt electoral Any person who offers, promises, or gives a voter or arranges for a practices voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, and any person who as a voter secures the promise of or arranges for himself to be given such an advantage, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 282 Electoral fraud 1. Any person who forges, falsifies, removes or destroys an electoral register, any person who participates in an election or a vote, or signs a request for a referendum or an initiative without authority, and any person who falsifies the results of an election or vote or a petition requesting a referendum or initiative, in particular by adding, altering, omitting, deleting ballot papers or signatures, counting them incorrectly or incorrectly certifying the result, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts in official capacity, the penalty is a custodial sentence not exceeding three years or to a monetary penalty of not less

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than 30 daily penalty units. The custodial sentence may be combined with a monetary penalty.267

Art. 282bis 268 Vote catching Any person who systematically collects, completes or alters ballot papers, or distributes ballot papers which have been completed or altered in this way is liable to a fine.

Art. 283 Breach of voting Any person who obtains knowledge by unlawful means of how indi- secrecy viduals have voted is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 284269

Title Fifteen: Offences against Official Powers

Art. 285 Violence and 1.270 Any person who by the use of violence or threats prevents an threats against public authorities authority, one of its members or a public official from carrying out an and public official act, or coerces them to carry out such an act, or attacks them officials while they are carrying out such an act is liable to a custodial sentence not exceeding three years or to a monetary penalty. Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957271, the Passenger Transport Act of 20 March 2009272 and the Goods Transport Act of 19 December 2008273, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010274 on the Security Units of Public Transport Companies.

267 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 268 Inserted by Art. 88 No I of the Federal Act of 17 Dec. 1976 on Political Rights, in force since 1 July 1978 (AS 1978 688; BBl 1975 I 1317). 269 Repealed by No I of the Federal Act of 18 March 1971, with effect from 1 July 1971 (AS 1971 777; BBl 1965 I 561). 270 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 271 SR 742.101 272 SR 745.1 273 SR 742.41 274 SR 745.2

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2. If the offence is committed by a mob, any person who participates in the mob is liable to a custodial sentence not exceeding three years or to a monetary penalty.275 Any participant who uses violence against persons or property is liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.276

Art. 286277 Prevention of an Any person who prevents a public authority, one of its members or a official act public official from carrying out an act which is one of their official duties is liable to a monetary penalty not exceeding 30 daily penalty units. Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957278, the Passenger Transport Act of 20 March 2009279 and the Goods Transport Act of 19 December 2008280, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010281 on the Security Units of Public Transport Companies.282

Art. 287 Usurpation of Any person who with unlawful intention usurps the exercise of an office official function or military command is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 288283

Art. 289 Removal of Any person who removes from official control an item of property seized property which has been officially seized is liable to a custodial sentence not exceeding three years or to a monetary penalty.

275 Amended by Art. 11 para. 2 of the Federal Act of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915). 276 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 277 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 278 SR 742.101 279 SR 745.1 280 SR 742.41 281 SR 745.2 282 Amended by Art. 11 para. 2 of the Federal Act of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915). 283 Repealed by No I 1 of the Federal Act of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).

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Art. 290 Breaking the Any person who breaks open, removes or renders ineffective an offi- seals cial mark and in particular an official seal which is used to close or identify an object is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 291 Breach of an 1 Any person who breaches an order issued by a competent authority expulsion order to expel him from the territory of the Swiss Confederation or a canton is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The duration the sentence is not taken into account in determining the length of the period of expulsion.

Art. 292 Contempt of Any person who fails to comply with an official order that has been official orders issued to him by a competent authority or public official under the threat of the criminal penalty for non-compliance in terms of this Article is liable to a fine.

Art. 293 Publication of 1 Any person who without authorisation publishes information from secret official proceedings the files, proceedings or official investigations of a public authority which have been declared secret by that authority in accordance with its powers is liable to a fine. 2 Complicity is also a criminal offence. 3 The court may waive the penalty if the secret made public is of negligible importance.284

Art. 294285 Breach of an Any person who carries on an activity that he is prohibited from carry- activity prohibition order or a ing on by a prohibition order under Article 67 hereof, Article 50 of the contact prohibi- Military Criminal Code of 13 June 1927286 (MCC) or Article 16a tion and exclusion order JCLA287 shall be liable to a custodial sentence not exceeding one year or monetary penalty.

284 Inserted by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). 285 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 286 SR 321.0 287 SR 311.1

126 Book Two: Specific Provisions 311.0

2 Any person who contacts or approaches one or more specific persons or persons in a specific group or is present in a specific location when he is prohibited from doing so by a contact prohibition and exclusion order under Article 67b hereof, Article 50b MCC or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty.

Art. 295288 Failure to Any person who fails to comply with probation assistance ordered by comply with probation the court or the executive authority or with instructions issued by the assistance or court or the executive authority shall be liable to a fine. instructions

Title Sixteen: Offences detrimental to Foreign Relations

Art. 296289 Insulting a Any person who publicly insults a foreign state in the person of its foreign state head of state, the members of its government, its diplomatic representatives, its official delegates to a diplomatic conference taking place in Switzerland, or one of its official representatives to an international organisation or department thereof based or sitting in Switzerland is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 297290 Insulting an Any person who publicly insults an international organisation or international organisation department thereof based or sitting in Switzerland in the person of one of its official representatives is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 298 Attacks on the Any person who wilfully removes, damages or conducts himself in an national emblems of a insulting manner towards a national emblem of a foreign state, and in foreign state particular its coat of arms or flag which is publicly displayed by one of its official representatives is liable to a custodial sentence not exceeding three years or to a monetary penalty.

288 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 289 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). 290 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).

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Art. 299 Violation of 1. Any person who violates the territorial sovereignty of a foreign foreign territorial sovereignty state, in particular by conducting official activities without authorisation on foreign territory, any person who enters foreign territory in breach of international law, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who attempts from within Swiss territory to disrupt the political order of a foreign state through the use of force is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 300 Hostility towards Any person who from neutral Swiss territory acts in a hostile manner a country at war or foreign troops towards or supports hostile acts against a country at war, any person who acts in a hostile manner towards foreign troops who have been admitted to Switzerland, is liable to a custodial sentence or to a monetary penalty.

Art. 301 Military 1. Any person who conducts or organises the conduct of military espionage against a foreign intelligence gathering services on Swiss territory for a foreign state state against another foreign state, and any person who recruits persons for, or encourages others to provide such services, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any correspondence and other materials are forfeited.

Art. 302291 Prosecution 1 Felonies and misdemeanours under this Title are only prosecuted on the authority of the Federal Council. 2 The Federal Council shall order a prosecution only if a request to do so is received from the government of the foreign state in the case of Article 296 or from a governing officer of the international organisation in the case of Article 297. In times of active service, the Federal Council may also order a prosecution in the absence of a request. 3 In the case of Articles 296 and 297, the right to prosecution is subject to a time limit of two years.292

291 Amended by No I of the Federal Act of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).

128 Book Two: Specific Provisions 311.0

Title Seventeen: Felonies and Misdemeanours against the Administration of Justice

Art. 303 False accusation 1. Any person who makes an accusation to the authorities that a person whom he knows to be innocent has committed a felony or a misdemeanour, with the intention of causing a criminal prosecution to be brought against that person, any person who otherwise carries out malicious acts with the intention of causing a criminal prosecution to be brought against a person whom he knows to be innocent, is liable to a custodial sentence or to a monetary penalty. 2. If the false accusation relates to a contravention, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

Art. 304 Misleading the 1. Any person who reports the commission of a criminal offence to judicial authorities the judicial authorities which he knows has not been committed, any person who falsely reports to the judicial authorities that he has himself committed an offence, is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. In particularly minor cases, the court may waive the imposition of a penalty.

Art. 305 Assisting 1 Any person who assists another to evade prosecution, the execution offenders of a sentence, or the execution of any of the measures provided for in Articles 59–61, 63 and 64293 is liable to a custodial sentence not exceeding three years or to a monetary penalty. 1bis Any person who assists a person who is being prosecuted or has been convicted outside Switzerland in respect of a felony in accordance with Article 101 to evade prosecution or the execution of a custodial sentence or a measure within the meaning of Articles 59–61, 63 or 64 in that place is liable to the same penalties as in paragraph 1.294

292 Amended by No I of the Federal Act of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649). 293 Part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 294 Inserted by No I of the Federal Act of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).

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2 The court may waive the imposition of a penalty where the person committing an offence in terms of this Article is so closely related to the person receiving his assistance that his conduct is excusable.

Art. 305bis 295 Money launder- 1. Any person who carries out an act that is aimed at frustrating the ing identification of the origin, the tracing or the forfeiture of assets which he knows or must assume originate from a felony or aggravated tax misdemeanour is liable to a custodial sentence not exceeding three years or to a monetary penalty.296 1bis. An aggravated tax misdemeanour is any of the offences set out in Article 186 of the Federal Act of 14 December 1990297 on Direct Federal Taxation and Article 59 paragraph 1 clause one of the Federal Act of 14 December 1990298 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300 000 francs.299 2. In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. A custodial sentence is combined with a monetary penalty not exceeding 500 daily penalty units.300 A serious case is constituted, in particular, where the offender: a. acts as a member of a criminal organisation; b. acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities; or c. achieves a large turnover or substantial profit through commercial money laundering. 3. The offender is also liable to the foregoing penalties where the main offence was committed abroad, provided such an offence is also liable to prosecution at the place of commission.301

295 Inserted by No I of the Federal Act of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061). 296 Amended by No I 4 of the Federal Act of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). 297 SR 642.11 298 SR 642.14 299 Inserted by No I 4 of the Federal Act of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). See also the transitional provision to this amendment at the end of the text. 300 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 301 Corrected by the Drafting Committee of the Federal Assembly [Art. 33 ParlPA; AS 1974 1051].

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Art. 305ter 302 Insufficient 1 Any person who as part of his profession accepts, holds on deposit, diligence in financial or assists in investing or transferring outside assets and fails to ascer- transactions and tain the identity of the beneficial owner of the assets with the care that right to report 303 is required in the circumstances is liable to a custodial sentence not exceeding one year or to a monetary penalty.304 2 The persons included in paragraph 1 above are entitled to report to the Money Laundering Reporting Office in the Federal Office of Police any observations that indicate that assets originate from a felony or an aggravated tax misdemeanour in terms of Article 305bis number 1bis.305

Art. 306 Perjury by a 1 Any person who is a party to civil proceedings and, following an party to civil proceedings express caution by the judge that he must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender testifies on oath or affirmation, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 90 daily penalty units.306

Art. 307 Perjury. 1 Any person who appears in judicial proceedings as a witness, expert Perjury by an expert witness. witness, translator or interpreter and gives false evidence or provides a False translation false report, a false expert opinion or a false translation in relation to the case is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the statement, report, expert opinion or translation is made on oath or affirmation, the penalty is a custodial sentence not exceeding five years or a monetary penalty of not less than 180 daily penalty units.307

302 Inserted by No I of the Federal Act of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061). 303 Amended by No I of the Federal Act of 18 March 1994, in force since 1 Aug. 1994 (AS 1994 1614 1618; BBl 1993 III 277). 304 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 305 Inserted by No I of the Federal Act of 18 March 1994 (AS 1994 1614; BBl 1993 III 277). Amended by No I 4 of the Federal Act of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). 306 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 307 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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3 If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty not exceeding 180 daily penalty units.308

Art. 308 Mitigation of the 1 If the offender makes his false accusation (Art. 303), false report of sentence an offence (Art. 304) or testimony (Art. 306 and 307) of his own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty.309 2 If the offender perjured himself (Art. 306 and 307) because by testi- fying truthfully he or his close relative would risk prosecution, the court may reduce the sentence (Art. 48a).310

Art. 309311 Administrative Articles 306–308 also apply to: cases and proceedings a. the administrative court proceedings, arbitration proceedings and before international courts proceedings before public authorities and public officials who are entitled to examine witnesses; b. proceedings before international courts where Switzerland rec- ognises their mandatory jurisdiction.

Art. 310 Assisting 1. Any person who by using force, threats or false pretences, frees or prisoners to escape assists in the escape of a person under arrest, a convicted prisoner or a person committed to an institution by official order is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the act is committed by a mob, any person who participates in the mob is liable to a custodial sentence not exceeding three years or to a monetary penalty. Any participants who commits acts of violence against persons or property is liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.312

308 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 309 Last part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 310 Last part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 311 Amended by No I 1 of the Federal Act of 22 June 2001 (Offences against the Administration of Justice before International Courts), in force since 1 July 2002 (AS 2002 1491 1492; BBl 2001 391). 312 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

132 Book Two: Specific Provisions 311.0

Art. 311 Prison mutiny 1. Convicted prisoners or other persons who have been committed to an institution by official order who form a riotous assembly with the common intent to attack the officers of the institution or other persons entrusted with their supervision, to coerce these persons by force or the threat of force to carry out acts or abstain from carrying out acts, or to break out of the institution by using force, are liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.313 2. Any participant who commits acts of violence against persons or property is liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 90 daily penalty units.314

Title Eighteen: Offences against Official or Professional Duty

Art. 312 Abuse of public Any member of an authority or a public official who abuses his official office powers in order to secure an unlawful advantage for himself or another or to cause prejudice to another is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 313 Overcharging of Any public official who for unlawful gain levies taxes, fees or other taxes charges which are not due or which exceed the statutory rates is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 314315 Misconduct in Any member of an authority or public official who, in the course of a public office legal transaction and with a view to obtaining an unlawful advantage for himself or another, damages the public interests that he has a duty to safeguard is liable to a custodial sentence not exceeding five years

313 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 314 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 315 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

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or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.316

Art. 315–316317

Art. 317318 Forgery of a 1. Any public official or person acting in an official capacity who document by a public official wilfully forges or falsifies a document or uses the genuine signature or handwriting of another to produce a false document, any public official or person acting in an official capacity who wilfully falsely certifies a fact of legal significance, and in particular falsely certifies the authenticity of a signature or handwriting or the accuracy of a copy, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the person concerned acts through negligence, the penalty is a fine.

Art. 317bis 319 Exempted acts 1 Any person who, as part of a covert investigation, produces, amends or uses documents with the authority of a court in order to construct or maintain his cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Arti- cle 17 of the Intelligence Service Act of 25 September 2015320 (In- telSA) or the authorisation of the Head of the Federal Department of Defence, Civil Protection and Sport (DDPS) in accordance with Arti- cle 18 IntelSA in order to create or maintain his cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317.321 2 Any person who, with authorisation for a covert investigation or as instructed by the competent authority under Article 17 or 18 IntelSA, produces or amends official documents for the purposes of cover

316 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 317 Repealed by No I 1 of the Federal Act of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497). 318 Amended by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969). 319 Inserted by Art. 24 No 1 of the Federal Act of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 2004 1409; BBl 1998 4241). Amended by Annex No. 3 of the Federal Act of 23 Dec. 2011, in force since 16 July 2012 (AS 2012 3745; BBl 2007 5037, 2010 7841). 320 SR 121 321 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).

134 Book Two: Specific Provisions 311.0

stories or assumed identities does not commit an offence under Arti- cles 251, 252, 255 and 317.322 3 Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011323 on Extra-Procedural Witness Protection does not commit an offence under Articles 251, 252, 255 and 317.324

Art. 318 Issuing a false 1. Any doctor, dentist, veterinary surgeon or midwife who wilfully medical certificate issues a certificate, the content of which is untrue, for the purpose of being produced to the authorities or to obtain an unlawful advantage, or which may prejudice the substantial and lawful interests of third parties is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender has requested, accepted or secured the promise of a special form of recompense, he is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the person concerned acts through negligence, the penalty is a fine.

Art. 319 Assistance by a Any public official who assists or allows a person under arrest, a public official in the escape of convicted prisoner or a person committed to an institution by official prisoners order to escape is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 320 Breach of 1. Any person who discloses secret information that has been confided official secrecy to him in his capacity as a member of an authority or as a public official or which has come to his knowledge in the execution of his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty. A breach of official secrecy remains an offence following termination of employment as a member of an authority or as a public official. 2. The offender is not liable to any penalty if he has disclosed the secret information with the written consent of his superior authority.

322 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 323 SR 312.2 324 Inserted by Annex No 3 of the Federal Act of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).

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Art. 321 Breach of 1. Any person who in his capacity as a member of the clergy, lawyer, professional confidentiality defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the Code of Obligations325, doctor, dentist, chiropractor, pharmacist, midwife, psychologist or as an auxiliary to any of the foregoing persons discloses confidential information that has been confided to him in his professional capacity or which has come to his knowledge in the practice of his profession is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.326 A student who discloses confidential information that has come to his knowledge in the course of his studies is also liable to the foregoing penalties. A breach of professional confidentiality remains an offence following the termination of professional employment or of the studies. 2. No offence is committed if the person disclosing the information does so with the consent of the person to whom the information per- tains or on the basis of written authorisation issued in response to his application by a superior authority or supervisory authority. 3. The federal and cantonal provisions on the duty to testify and on the obligation to provide information to an authority are reserved.

Art. 321bis 327 Breach of 1 Any person who discloses without authorisation a professional secret professional confidentiality in that has come to his knowledge in the course of his research activities research involving human beings in accordance with the Human Research Act involving human beings of 30 September 2011328 is liable to a penalty in accordance with Article 321. 2 Professional secrets may be disclosed for the purpose of research into human diseases and concerning the structure and function of the human body if the requirements of Article 34 of the Human Research Act of 30 September 2011 are met and authorisation for disclosure has been obtained from the responsible ethics committee.

325 SR 220 326 Amended by Art. 48 No 1 of the Psychology Professions Act of 18 March 2011, in force since 1 April 2013 (AS 2012 1929, 2013 915 975; BBl 2009 6897). 327 Inserted by Annex No 4 of the Federal Act of 19 June 1992 on Data Protection (AS 1993 1945; BBl 1988 II 413). Amended by Annex No 2 of the Human Research Act of 30 Sept. 2011, in force since 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045). 328 SR 810.30

136 Book Two: Specific Provisions 311.0

Art. 321ter 329 Breach of postal 1 Any person who in his capacity as a public official, employee or or telecommunications secrecy auxiliary of an organisation providing postal or telecommunications services reveals to a third party details of customers' post, payments or telecommunications, opens sealed mail or tries to find out its content, or allows a third party the opportunity to carry out such an act is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The foregoing penalties also apply to any person who by deception causes a person bound by a duty of confidentiality in terms of paragraph 1 to breach his obligation of secrecy. 3 A breach of postal or telecommunications secrecy remains an offence even after termination of employment as a public official, employee or auxiliary of an organisation providing postal or telecommunication services. 4 A breach of postal or telecommunications secrecy is not an offence if it is carried out in order to determine the identity of the entitled person or to prevent loss or damage being occasioned. 5 Article 179octies is reserved, together with the federal and cantonal provisions on the obligations to give evidence or provide information to a public authority.

Art. 322330 Breach of the 1 Media organisations are obliged, at the request of any person, to media duty to provide infor- reveal immediately and in writing their place of business and the mation identity of those responsible for their publications (Art. 28 para. 2 and 3).331 2 Newspapers, magazines or periodicals must indicate in an imprint the place of business of their media organisation, significant holdings in other organisations and the editor responsible. If the editor is responsible only for part of the newspaper, magazine or periodical, it must be indicated that he is the editor responsible for that part. Details of the editors responsible must be given for each part of the newspaper, magazine or periodical. 3 In the event of any violation of the provisions of this Article, the manager of the media organisation is liable to a fine. If the person

329 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405). 330 Amended by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). 331 Part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

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indicated as editor (Art. 28 para. 2 and 3) does not in fact hold such a position, this also constitutes an offence.332

Art. 322bis 333 Failure to Any person who, as the person responsible in terms of Article 28 prevent an illegal publication paragraphs 2 and 3, wilfully fails to prevent the publication of materi- al334, the publication of which constitutes an offence is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the person concerned acts through negligence, the penalty is a fine.

Title Nineteen:335 Bribery

Art. 322ter 1. Bribery of Any person who offers, promises or gives a member of a judicial or Swiss public officials other authority, a public official, an officially-appointed expert, trans- Bribery lator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion, is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 322quater Acceptance of Any person who as a member of a judicial or other authority, as a bribes public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion, is liable to a custodial sentence not exceeding five years or to a monetary penalty.

332 Part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 333 Inserted by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). 334 Part of sentence amended by No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 335 Inserted by No I 1 of the Federal Act of 22 Dec. 1999 (Revision of the Criminal Law on Corruption), in force since 1 May 2000 (AS 2000 1121 1126; BBl 1999 5497).

138 Book Two: Specific Provisions 311.0

Art. 322quinquies336 Granting an Any person who offers, promises or gives a member of a judicial or advantage other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322sexies337 Acceptance of an Any person who as a member of a judicial or other authority, as a advantage public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322septies 2. Bribery of Any person who offers, promises or gives a member of a judicial or foreign public officials other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion, any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion338 is liable to a custodial sentence not exceeding five years or to a monetary penalty.

336 Amended by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). 337 Amended by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). 338 Paragraph inserted by Art. 2 No 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Criminal Law Convention and the Additional Protocol of the Council of Europe on Corruption, in force since 1 July 2006 (AS 2006 2371 2374; BBl 2004 6983).

139 311.0 Swiss Criminal Code

Art. 322octies339 3. Bribery of 1. Any person who offers, promises or gives an employee, partner, private individuals agent or any other auxiliary of a third party in the private sector an Bribery undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 In minor cases, the offence is only prosecuted on complaint.

Art. 322novies 340 Accepting bribes 1 Any person who as an employee, partner, agent or any other auxiliary of a third party in the private sector demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 In minor cases, the offence is only prosecuted on complaint.

Art. 322decies 341 4. General 1 The following are not undue advantages: provisions a. advantages permitted under public employment law or contrac- tually approved by a third party; b. negligible advantages that are common social practice. 2 Private individuals who fulfil official duties are subject to the same provisions as public officials.

339 Amended by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). 340 Inserted by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). 341 Inserted by No I of the Federal Act of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).

140 Book Two: Specific Provisions 311.0

Title Twenty:342 Contraventions of Federal Law

Art. 323343 Failure of a The following persons are liable to a fine: debtor to comply with the 1. a debtor who is not present or has not appointed a representative to regulations governing Debt be present at the seizure of or the recording of an inventory of his Enforcement and Bankruptcy assets of which he has been given lawful notice (Art. 91 para. 1 no. 1, proceedings 163 para. 2 and 345 para. 1344 DEBA345); 2. a debtor who fails to disclose his assets including those not in his possession, or his claims and rights against third parties to the extent required to obtain satisfaction by seizure or to implement an attach- ment (Art. 91 para. 1 para. 2 and 275 DEBA); 3. a debtor who fails to fully disclose his assets including those not in his possession, or his claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 345 para. 1346 DEBA); 4. a debtor who fails to disclose or make available all his assets to the Bankruptcy Office (Art. 222 para. 1 DEBA); 5. a debtor who does not make himself available to the bankruptcy administrator during the bankruptcy proceedings unless he has special permission to be excused this duty (Art. 229 para. 1 DEBA).

Art. 324347 Failure of third The following persons are liable to a fine: parties to comply with the 1. any adult person who shared a household with a debtor who is regulations governing debt deceased or has absconded and who fails to disclose full details of that collection, bankruptcy and debtor's assets and to make themselves available to the Bankruptcy composition Office (Art. 222 para. 2 DEBA348); proceedings 2. any debtor of a bankrupt who fails to report to the Bankruptcy Office within the time limit (Art. 232 para. 2 para. 3 DEBA); 3. any person who possesses items belonging to a debtor as a pledge or for any other reason and fails to deliver such items to the Bankrupt- cy Office within the time limit (Art. 232 para. 2 para. 4 DEBA);

342 Originally Title 19. 343 Amended by Annex No 8 of the Federal Act of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1). 344 Now Art. 341 para. 1. 345 SR 281.1 346 Now Art. 341 para. 1. 347 Amended by Annex No 8 of the Federal Act of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1). 348 SR 281.1

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4. any person who possesses items belonging to a debtor as a pledgee and fails to deliver such items to the liquidators after expiry of the time limit for realisation (Art. 324 para. 2 DEBA); 5. any third party who fails to comply with his duty to provide information and to deliver assets in accordance with Articles 57a paragraph 1, 91 paragraph 4, 163 paragraph 2, 222 paragraph 4 and 345 paragraph 1349 of the DEBA.

Art. 325 Failure to Any person who wilfully or through negligence fails to comply with comply with accounting the statutory duty to keep proper accounts or to preserve accounts, regulations business correspondence and business telegrams, any person who wilfully or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams, is liable to a fine.

Art. 325bis 350 Failure to Any person who prevents or attempts to prevent a tenant by the threat comply with the regulations of detrimental consequences, and in particular the termination of the governing the lease, from contesting the level of rent or other claims of the landlord, protection of tenants of domestic and any person who serves notice of termination on the tenant because the commercial tenant asserts or wishes to assert his rights under Swiss Code of Obli- properties gations351, or any person who unlawfully demands or attempts to demand payment of rent or other claims after the failure of an attempt to reach agreement thereon or following a court judgment thereon, is liable on complaint by the tenant to a fine.

Art. 326352 Application to legal entities, trading companies and sole proprietor- ships353 1. …

349 Now Art. 341 para. 1. 350 Inserted by No II Art. 4 of the Federal Act of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies), in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). 351 SR 220 352 Repealed by No II 3 of the Federal Act of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 353 Footnote relevant to German text only.

142 Book Two: Specific Provisions 311.0

Art. 326bis 354 2. In cases 1 Where the acts constituting offences under Article 325bis are commit- falling under Article 325bis ted while attending to the affairs of a legal entity, general or limited partnership or sole proprietorship355 or otherwise in the provision of commercial or business services to another, the criminal provisions apply to those natural persons who have committed the acts. 2 An employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although he is in a position to do so, fails to prevent the offence or to remedy its consequences is liable to the same penalties as the offender. 3 If the employer or principal is a legal entity, general or limited partnership, sole proprietorship356 or corporate body without legal personality, paragraph 2 applies to the culpable management bodies, members of the management bodies, executive partners, de facto managers or liquidators.

Art. 326ter 357 Contravention of Any person who uses a name for a legal entity or branch entered in the the law on business and Commercial Register that does not correspond to the name entered in other names the Commercial Register and which may be misleading, any person who uses a misleading name for a legal entity or branch not entered in the Commercial Register, or any person who gives the impression that a foreign legal entity not entered in the Commercial Register has its registered office or a branch in Switzerland, is liable to a fine358.

354 Inserted by No II Art. 4 of the Federal Act of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies), in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). 355 Footnote relevant to German text only. 356 Footnote relevant to German text only. 357 Inserted by No I of the Federal Act of 17 June 1994 (AS 1994 2290; BBl 1991 II 969). Amended by Annex No 5 of the Federal Act of 16 Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies Limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). 358 Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 2 ParlA; SR 171.10).

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Art. 326quater 359 Provision of Any person who as a management officer of an employee benefits false information by an employee institution is under a statutory obligation to provide information to benefits institu- beneficiaries and supervisory bodies but fails to provide any infor- tion mation or provides false information is liable to a fine.

Art. 327360

Art. 328 Reproduction of 1. Any person who reproduces Swiss or foreign postage stamps with postage stamps without intent to the intention of marketing the stamps as reproductions but without commit forgery making the individual stamps distinguishable as reproductions from genuine stamps, or any person who imports, offers for sale or markets such reproduction stamps, is liable to a fine. 2. The reproductions are forfeited.

Art. 329 Breach of 1. Any person who unlawfully military secrecy enters buildings or any other places, the access to which is prohibited by the military authorities, makes drawings, diagrams or plans or takes photographs or makes films of military establishments or objects serving the national defence, or copies or publishes such drawings, diagrams, plans, photographs or films, is liable to a fine. 2. Attempts and complicity are also offences.

Art. 330 Trading in Any person who unlawfully sells, purchases, pledges or accepts as a material requisitioned by pledge, uses, disposes of, destroys or renders unusable property which the armed forces has been seized or requisitioned by the military authorities in the interest of national defence is liable to a fine.361

359 Inserted by No I of the Federal Act of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969). 360 Repealed by Annex No 3 of the Federal Act of 22 Dec. 1999 on Currency and Payment Instruments, with effect from 1 May 2000 (AS 2000 1144; BBl 1999 7258). 361 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

144 Book Three: Introduction and Application of the Code 311.0

Art. 331 Unauthorised Any person who wears the uniform of the Swiss armed forces without wearing of the 362 military uniform authority is liable to a fine.

Art. 332363 Failure to report Any person who finds or comes into the possession of property and a find fails to make a report to the police or the owner as required by Arti- cles 720 paragraph 2, 720a and 725 paragraph 1 of the Civil Code364 is liable to a fine.

Book Three:365 Introduction and Application of the Code Title One: Relationship between this Code and other Federal and Cantonal Acts

Art. 333 Application of 1 The general provisions of this Code apply to offences provided for in the General Provisions to other federal acts unless these federal acts themselves contain detailed other federal acts provisions on such offences. 2 In the other federal acts, the terms below are replaced as follows: a. penal servitude by a custodial sentence of more than one year; b. imprisonment by a custodial sentence not exceeding three years or by a monetary penalty; c. imprisonment for less than six months by a monetary penalty, whereby a one-month custodial sentence corresponds to a monetary penalty of 30 daily penalty units up to a maximum of 3000 francs. 3 An offence that carries a maximum penalty of detention or a fine or of a fine only is a contravention. Articles 106 and 107 apply. Article 8 of the Federal Act of 22 March 1974366 on Administrative Criminal Law is reserved. An offence is also a contravention if, in terms of another Federal Act that came into force before 1942, it carries a term of imprisonment not exceeding three months.

362 Penalties revised by No II 1 para. 16 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 363 Amended by No III of the Federal Act of 4 Oct. 2002 (Basic Article Animals), in force since 1 April 2003 (AS 2003 463 466; BBl 2002 4164 5806). 364 SR 210 365 Amended by No III of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 366 SR 313.0

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4 Sentences of lengths differing from those mentioned in paragraph 2 and Article 41 as well as fines of amounts differing from those mentioned in Article 106 are reserved. 5 If another federal act provides for a fine to be imposed for a felony or misdemeanour, Article 34 applies. Rules on determining a penalty that differ from Article 34 do not apply. Article 8 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved. If the fine is limited to a sum under 1 080 000 francs, this limit no longer applies. If the fine is limited to a sum exceeding 1 080 000 francs, this limit continues to apply. In this case, the maximum number of daily penalty units equals the current maximum fine divided by 3000. 6 Until they have been amended, the following applies in other federal acts: a. the limitation periods for the prosecution of felonies and misdemeanours are increased by half and the limitation periods for the prosecution of contraventions by twice the ordinary duration; b. the limitation periods for the prosecution of contraventions that exceed one year are increased by the ordinary duration; c. the rules on the interruption and suspension of the limitation period for prosecution are repealed. Article 11 paragraph 3 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved; d. prescription of the right to prosecute no longer applies if a judgment is issued by a court of first instance before expiry of the limitation period. e. the limitation periods for the execution of penalties for felonies and misdemeanours continue to apply, and those for penalties for contraventions are increased by one half. f. the provisions on the suspension of the limitation period for the execution of a penalty continue to apply, and those on interruption are repealed. 7 The contraventions provided for in other federal acts are offences, even if they have been committed through negligence, unless only intentional commission is an offence in terms of the provision concerned.

Art. 334 Reference to If reference is made in federal legislation to provisions being amended repealed provisions or repealed by this Code, the references relate to the provisions of this Code that regulate the matter.

146 Book Three: Introduction and Application of the Code 311.0

Art. 335 Cantonal acts 1 The cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation. 2 The cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.

Title Two: …

Art. 336-338367

Title Three: … Art. 339-348368

Title Four: Administrative Assistance on Police Matters369

Art. 349370 1. …

Art. 350 2. Cooperation 1 The Federal Office of Police carries out the duties of a National with INTERPOL a. Jurisdiction371 Central Bureau in terms of the Constitution and General Regulations of the International Criminal Police Organization (INTERPOL). 2 It is responsible for coordinating the exchange of information between the federal and cantonal prosecution services on the one hand and the National Central Bureaus of other states and the General Secretariat of INTERPOL on the other.

Art. 351 b. Tasks372

367 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 368 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 369 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 370 Repealed by Annex 1 No 5 of the Federal Act of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). 371 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 372 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

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1 The Federal Office of Police coordinates the exchange of police information for the investigation and prosecution of offences and for the execution of sentences and measures. 2 It may transmit police information for the purpose of preventing offences if there are specific indications that there is a serious probability of a felony or misdemeanour being committed. 3 It may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons. 4 In the interest of preventing and investigating offences, the Federal Office of Police may receive and provide information from and to private individuals if this is in the interests of the persons concerned and their consent has been given or may be assumed in the circumstances.

Art. 352 c. Data protec- 1 373 The exchange of police information is governed by the principles of tion the Mutual Assistance Act of 20 March 1981374 as well as the Consti- tution and General Regulations of INTERPOL declared to be applicable by the Federal Council. 2 The Federal Act of 19 June 1992375 on Data Protection applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes. 3 The Federal Office may provide information directly to the Central Bureaus of other states provided the recipient state is subject to the INTERPOL data protection regulations.

Art. 353 d. Financial aid The Confederation may provide financial aid and make payments to and other payments376 INTERPOL.

Art. 354 3. Cooperation in 1 The responsible department registers and stores criminal records data connection with the identification recorded and transmitted to the department by cantonal, federal and of persons377 foreign authorities in connection with criminal proceedings or in

373 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 374 SR 351.1 375 SR 235.1 376 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 377 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

148 Book Three: Introduction and Application of the Code 311.0

fulfilment of other statutory duties. This data may be used for compar- ison purposes to identify a wanted or unknown person. 2 The following authorities may use and process data in terms of paragraph 1: a. the Computer Centre of the Federal Department of Justice and Police; b. the Federal Office of Police; c. the border posts; d. the police authorities in the cantons. 3 Personal data that relates to criminal records data in accordance with paragraph 1 is processed in separate information systems; the procedure is subject to the provisions of the Federal Act of 13 June 2008378 on Federal Police Information Systems, the Asylum Act of 26 June 1998379 and the Federal Act of 16 December 2005380 on Foreign Nationals. The DNA Profile Information System is subject to the provisions of the DNA Profiling Act of 20 June 2003381.382 4 The Federal Council: a. regulates the details, and in particular responsibility for data processing, the categories of the data to be recorded, the retention period for the data and cooperation with the cantons; b. designates the authorities that are authorised to enter and re- trieve personal data by remote access or to which personal data may be disclosed in individual cases; c. regulates the procedural rights of the persons concerned, and in particular the right to inspect their data as well as to correct, archive or destroy such data.

Art. 355383 4. …

378 SR 361 379 SR 142.31 380 SR 142.20 381 SR 363 382 Amended by Annex 1 No 5 of the Federal Act of 13 June 2008 on the Federal Police Information System, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). 383 Repealed by Annex 1 No 5 of the Federal Act of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).

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Art. 355a384 5. Cooperation 1 The Federal Office of Police (fedpol) and the Federal Intelligence with Europol a. Exchange of Service (FIS) may pass on personal data, including sensitive personal data385 data and personality profiles to the European Police Office (Euro- pol).386 2 The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004387 between the Swiss Confederation and the European Police Office. 3 At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation.

Art. 355b388 b. Extension of 389 The Federal Council is authorised to agree with Europol amendments mandate to the scope of its mandate in accordance with Article 3 paragraph 3 of the Agreement of 24 September 2004390 between the Swiss Confedera- tion and the European Police Office.

384 Inserted by Art. 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983). 385 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 386 Amended by No I 3 of the Ordinance of 4 Dec. 2009 on the Amendment of Legislation due to the Creation of the Federal Intelligence Service, in force since 1 Jan. 2010 (AS 2009 6921). 387 SR 0.360.268.2 388 Inserted by Art. 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983). 389 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 390 SR 0.360.268.2

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Art. 355c391 5bis. Cooperation The federal and cantonal police authorities shall implement the provi- under the 392 Schengen sions of the Schengen Association Agreement in accordance with Association domestic law. Agreement. Jurisdiction

Art. 355d393 5ter. …

Art. 355e394 5quater. SIRENE 1 The Federal Office of Police maintains a central office (SIRENE Office Office395) that is responsible for N-SIS. 2 Das SIRENE Office is the contact, coordination and consultation point for the exchange of information in connection with the alerts in the SIS. It reviews the formal admissibility of Swiss and foreign alerts in the SIS.

391 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965). 392 Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Association of that State with the Implementation, Application and Development of the Schengen Acquis (SR 0.362.31); Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the Establishment of Rights and Obligations between these two States with a view to Cooperation on Schengen (SR 0.362.33); Agreement of 17 Dec. 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen Acquis and on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway (SR 0.362.32). 393 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin (AS 2008 447 2179; BBl 2004 5965). Repealed by Annex 2 No II of the Federal Act of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061). 394 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965). 395 Supplementary Information REquest at the National Entry.

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Art. 355f396 5quinquies. 1 Personal data that has been transmitted or made available by a state, Judicial coopera- 397 tion under the bound by any of Schengen Association Agreements (a Schengen Schengen- state) may be disclosed to the competent authority of a third state or to Association Agreements: an international body if: Disclosure of personal data a. disclosure is required in order to prevent, detect or prosecute a a. To a third criminal offence or to execute a criminal judgment; country or international b. the receiving authority is responsible for the prevention, detec- body tion or prosecution of criminal offences or the execution of a criminal judgment; c. the Schengen state that has transmitted the personal data or made it available has given its prior consent to disclosure; and d. the third state or the international body provides adequate safeguards for the data. 2 By way of derogation from paragraph 1 letter c, personal data may be disclosed in an individual case if: a. the prior consent of the Schengen states cannot be obtained in good time; and b. disclosure is essential for the prevention of an immediate and serious threat to the public security of a Schengen states or of a third state or to safeguard the essential interests of a Schengen state.

396 Inserted by No 4 of the Federal Act of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749). 397 The Schengen Association Agreements comprise: a. the Agreement of 26 October 2004 between the Swiss Confederation, the European Union and the European Community on the association of that State with the implementation, application and development of the Schengen Acquis (SR 0.362.31); b. the Agreement of 26 October 2004 in the form of an exchange of letters between the Council of the European Union and the Swiss Confederation on the Committees that assist the European Commission in the exercise of its executive powers (SR 0.362.1); c. the Agreement of 17 December 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the Implementation, Application and Development of the Schengen Acquis and on the Criteria and Procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway (SR 0.362.32); d. the Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of those parts of the Schengen Acquis that are based on the provisions of Title IV of the Treaty establishing the European Community (SR 0.362.33); e. the Protocol of 28 February 2008 between the Swiss Confederation, the European Union, the European Community and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation with the implementation, application and development of the Schengen Acquis (SR 0.362.311).

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3 The competent authority shall give immediate notice of the disclosure of personal data under paragraph 2 to the Schengen state that has transmitted the personal data or made it available. 4 By way of derogation from paragraph 1 letter d, personal data may be disclosed in an individual case if: a. this is required to protect prevailing legitimate interests of the person concerned or a third person; b. this is required to protect a prevailing public interest; or c. adequate guarantees suitable protection are provided.

Art. 355g398 b. To a natural or 1 Personal data that has been transmitted or made available by a legal person Schengen state may be disclosed to a natural or legal person in an individual case if: a. the specific legislation or an international agreement so provides; b. the Schengen state that has transmitted the personal data or made it available has given its prior consent to disclosure; and; c. no prevailing legitimate interests of the person concerned prevent disclosure; and d. disclosure is essential for: 1. compliance with a statutory duty by the natural or legal person, 2. the prevention, detection or prosecution of a criminal offence or the execution of a criminal judgment, 3. the prevention of an immediate and serious threat to public security, or 4. the prevention of a serious breach of third party rights. 2 The competent authority shall disclose the data to the natural or legal person subject to the express condition that it is used exclusively for the purpose specified by the authority.

398 Inserted by No 4 of the Federal Act of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).

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Art. 356-361399

Art. 362400 6. Notification in If an investigating authority establishes that pornographic articles relation to pornography (Art. 197 para. 4) have been produced in or imported from a foreign state, it shall immediately notify the Federal Central Office for Com- bating Pornography.

Title Five: Notification of Offences against Minors

Art. 363401

Art. 364402 Right to report Where an offence has been committed against a minor, persons bound by official and professional secrecy (Art. 320 and 321) are entitled to report the matter to the child protection authority where this is in the interests of the minor.

Title Six: Register of Criminal Convictions

Art. 365 Purpose 1 The Federal Office of Justice, with the support of the other federal authorities and the cantons (Art. 367 para. 1), maintains a computerised register of criminal convictions and applications for extracts from the register of convictions in connection with ongoing criminal proceedings, which contains sensitive personal data and personality profiles. The data on convictions and on applications for extracts from the register of convictions in connection with ongoing criminal proceedings are processed separately in the computerised register. 2 The register serves to support the federal and cantonal authorities in the fulfilment of the following tasks: a. the conduct of criminal proceedings; b. international mutual assistance and extradition proceedings;

399 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 400 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). 401 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Revised by the Federal Assembly Drafting Committee on 20 Feb. 2013 (AS 2013 845). 402 Amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

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c. the execution of sentences and measures; d. civilian and military security checks; e. the imposition and revocation of measures banning entry on foreign nationals under the Federal Act of 26 March 1931403 on the Residence and Permanent Settlement of Foreign Na- tionals as well as the other forms of expulsion; f. the assessment of eligibility for asylum under the Asylum Act of 26 June 1998404; g. naturalisation procedures; h. the grant and revocation of full and provisional driving licences under the Road Traffic Act from 19 December 1958405; i. conduct of consular protection measures; j. statistical processing under the Federal Statistics Act of 9 October 1992406; k.407 the imposition or revocation of child or adult protection measures; l.408 exclusion from the performance of alternative civilian service or prohibition from performing periods of service under the Civilian Service Act of 6 October 1995409; m.410 the assessment of good character for certain forms of work under the Civilian Service Act of 6 October 1995; n.411 the assessment of eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the Armed Forces Act of 3 February 1995412 (Ar- mA);

403 [BS 1 121; AS 1949 221, 1987 1665, 1988 332, 1990 1587 Art. 3 Abs. 2, 1991 362 No II 11 1034 No III, 1995 146, 1999 1111 2262 Annex No 1, 2000 1891 No IV 2, 2002 685 No I 1 701 No I 1 3988 Annex No 3, 2003 4557 Annex No II 2, 2004 1633 No I 1 4655 No I 1, 2005 5685 Annex No 2, 2006 979 Art. 2 No 1 1931 Art. 18 No 1 2197 Annex No 3 3459 Annex No 1 4745 Annex No 1, 2007 359 Annex No 1. AS 2007 5437 Annex No I]. See now the Federal Act of 16 Dec. 2005 on Foreign Nationals (SR 142.20). 404 SR 142.31 405 SR 741.01 406 SR 431.01 407 Amended by Annex No 14 of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). 408 Inserted by No II 1 of the Federal Act of 3 Oct. 2008 (AS 2009 1093 1100; BBl 2008 2707). Amended by No II 1 of the Federal Act of 25 Sept. 2015, in force since 1 July 2016 (AS 2016 1883; BBl 2014 6741). 409 SR 824.0 410 Inserted by No II 1 of the Federal Act of 3 Oct. 2008 (AS 2009 1093 1100; BBl 2008 2707). Amended by No II 1 of the Federal Act of 25 Sept. 2015, in force since 1 July 2016 (AS 2016 1883; BBl 2014 6741). 411 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213). 412 SR 510.10

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o.413 the assessment of suitability for promotion or appointment under the ArmA; p.414 the assessment of grounds for refusing to issue a personal weapon under the ArmA; q.415 the assessment of exclusion from service under the Civil Pro- tection and Civil Defence Act of 4 October 2002416; r.417 the early recognition and prevention of the threats to internal or external security in accordance with Article 6 paragraph 1 IntelSA418; s.419 coordinating the exchange of information with Europol in accordance with Article 355a, provided the data from Europol is required for purposes in accordance with letter r; t.420 reviewing measures banning the entry of foreign nationals under the Foreign Nationals Act of 16 December 2005421 and the preparation of decisions on expulsion under Article 121 paragraph 2 of the Federal Constitution; u.422 procuring and passing on information to foreign security authorities in connection with the requests made under Article 12 paragraph 1 letter d IntelSA; where the passing on of data is not in the interests of the person concerned, such data may only be passed on with that person’s express consent.

Art. 366 Content 1 The register lists persons who have been convicted on the territory of the Confederation, together with Swiss nationals who have been convicted abroad. 2 The register also includes: a. convictions for felonies and misdemeanours in cases where a sentence or measure has been imposed;

413 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213). 414 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213). 415 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213). 416 SR 520.1 417 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 418 SR 121 419 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 420 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 421 SR 142.20 422 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).

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b. convictions for contraventions specified by ordinance of the Federal Council of this Code or any other Federal Act; c. notifications received from abroad of convictions there that must be recorded in accordance with this Code; d. information on the circumstances leading to the amendment of existing entries. 3 Convictions of juveniles are included only if the following sentences were imposed: a. a custody order (Art. 25 JCLA423); or b. accommodation in a secure institution (Art. 15 para. 2 JCLA); or c. out-patient treatment (Art. 14 JCLA); or d. an activity prohibition order or a contact prohibition and exclusion order (Art. 16a JCLA).424 3bis Convictions of juveniles for contraventions must be included if the penalty involves an activity prohibition order or a contact prohibition and exclusion order (Art. 16a JCLA).425 4 The register also lists persons in respect of whom proceedings for felonies and misdemeanours are pending in Switzerland.426

Art. 367 Processing of 1 The following authorities process personal data on convictions in the and access to 427 data register in accordance with Article 366 paragraphs 1-3: a. the Federal Office of Justice; b. the authorities responsible for the administration of civilian criminal justice; c. the authorities responsible for the administration of military criminal justice; d. the authorities responsible for the execution of sentences and measures; e. the cantonal coordination offices.

423 SR 311.1 424 Inserted by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003 (AS 2006 3545; BBl 1999 1979). Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 425 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 426 Originally para. 3. 427 Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).

157 311.0 Swiss Criminal Code

2 The following authorities may have online access to the personal data on convictions in accordance with Article 366 paragraphs 1, 2 and 3 letters a and b:428: a. the authorities listed in paragraph 1; b. the Office of the Attorney General of Switzerland; c. the Federal Office of Police in the course of criminal investigations; d. the Armed Forces Joint Staff429; e.430 the State Secretariat for Migration431; f.432 … g. the cantonal immigration authorities; h. the cantonal authorities responsible for road traffic matters; i.433 the federal authorities responsible for the conduct of personal security checks in terms of Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997434 on Measures to Safeguard In- ternal Security; j.435 the Central Office for Civilian Service. k.436 the cantonal authorities responsible for decisions on ineligibil- ity for civil protection service. l.437 the Federal Witness Protection Agency in accordance with the Federal Act of 23 December 2011438 on Extra-Procedural Wit- ness Protection in order to fulfil their tasks.

428 Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 429 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). 430 Amended by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, in force since 1 Jan. 2005 (AS 2004 4655). 431 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015 432 Repealed by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, with effect from 1 Jan. 2005 (AS 2004 4655). 433 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 434 SR 120 435 Inserted by No II of the Federal Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4843 4854; BBl 2001 6127). 436 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213). 437 Inserted by Annex No 3 of the Federal Act of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1). 438 SR 312.2

158 Book Three: Introduction and Application of the Code 311.0

m.439 the FIS. 2bis The following authorities may also have online access to the personal data on convictions in accordance with Article 366 paragraphs 3 letters c: a. the Armed Forces Joint Staff for the purposes of assessing eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the Ar- mA440, the assessment of grounds for refusing to issue a personal weapon under the ArmA, and the assessment of suitability for promotion or appointment under the; b.441 the federal authorities responsible for personnel security screening under Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Se- curity; c. authorities responsible for the administration of civilian criminal justice in order to conduct criminal proceedings (Art. 365 para. 2 let. a); d. cantonal coordination offices and the Federal Office of Justice in order to fulfil their statutory duties in relation to keeping registers; e. the authorities responsible for the execution of sentences and measures in order to execute sentences and measures (Art. 365 para. 2 let. c).442 2ter Authorities in terms of paragraphs 2 letters c–l and 2septies may access judgements that include an expulsion order for as long as the person concerned is subject to that order. If the period under Article 369 is longer, that period applies as the duration of access.443 2quater The federal office responsible for the register shall notify the Armed Forces Joint Staff immediately for the purposes mentioned in Article 365 paragraph 2 letters n–p of all: a. convictions for felonies or misdemeanours; b. custodial measures;

439 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 440 SR 510.10 441 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 442 Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 443 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

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c. decisions on breaches of probation by persons subject to recruitment and members of the armed forces.444 2quinquies Notice is given of the personal details of Swiss nationals over the age of 17 who are registered in accordance with paragraph 2quater. If the Armed Forces Joint Staff identifies a reported person as being subject to recruitment or as a member of the armed forces, the office responsible for the register also provides the data on the conviction and sentence.445 2sexies Notice and identification in accordance with paragraph 2quinquies may be effected via an electronic interface between the Armed Forces Personnel Information System (PISA) and the register.446 2septies For the purpose of carrying out background checks with a view to granting or withdrawing recognition as a "Youth and Sport" officer, the Federal Office of Sport may by written request inspect personal data relating to criminal convictions.447 3 The Federal Council may, if the number of requests for information so justifies, after consulting the Federal Data Protection and Infor- mation Commissioner448 and until formal legislation on the relevant legal principles comes into force, extend the rights of inspection under paragraph 2 to additional federal and cantonal law enforcement and administrative authorities. 4 Personal data in relation to pending criminal proceedings may only be processed by the authorities listed in paragraph 2 letters a–e, l and m.449 4bis …450 4ter For the purpose of carrying out background checks with a view to granting or suspending recognition as a "Youth and Sport" officer, the

444 Originally: para. 2ter. Inserted by Annex No 1 of the Federal Act of 3 Oct. 2008 on Military Information Systems (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 445 Inserted by Annex No 2 of the Federal Act of 19 March 2010 (AS 2010 6015, 2011 487; BBl 2009 5917). Amended by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 446 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 447 Originally: para. 2sexies. Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189). 448 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). 449 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105). 450 Inserted by No II 1 of the Federal Act of 3 Oct. 2008 (AS 2009 1093; BBl 2008 2707). Repealed by No II 1 of the Federal Act of 25 Sept. 2015, with effect from 1 July 2016 (AS 2016 1883; BBl 2014 6741).

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Federal Office of Sport may by written request inspect personal data relating to criminal convictions.451 5 Each canton shall establish a coordination office for the processing of the data in the register. 6 The Federal Council regulates the details, and in particular: a. responsibility for data processing; b. the categories of data to be recorded and their retention periods; c. cooperation with the authorities concerned; d. the duties of the coordination offices; e. the right to information and the other procedural rights for the protection of the persons concerned; f. data security; g. the authorities that may report personal data in written form, enter data in the register, consult the register or to which personal data may be disclosed in individual cases; h. the passing on of electronic data to the Swiss Federal Statisti- cal Office.

Art. 368 Notice of The competent federal authority may give notice of entries in the information subject to register to the offender's country of origin. registration

Art. 369 Removal of 1 Convictions that involve a custodial sentence are removed ex officio entries if the following periods have elapsed over and above the period of the sentence imposed by the court: a. 20 years in the case of a custodial sentence of at least five years; b. 15 years in the case of a custodial sentence of at least one but less than five years; c. ten years in the case of custodial sentences of less than a year; d.452 ten years in the case of deprivation of liberty in accordance with Article 25 JCLA453.

451 Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189). 452 Inserted by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).

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2 In the event that a custodial sentence has already been entered in the register, the periods in accordance with paragraph 1 are extended by the duration of that sentence. 3 Convictions involving a suspended custodial sentence, a suspended custody order, a monetary penalty, community service or a fine as the main penalty are removed ex officio after ten years.454 4 Convictions that involve an in-patient measure in addition to a sentence or an in-patient measure alone are removed ex officio after: a. 15 years in the case of measures under Articles 59–61 and 64; b.455 ten years in the case of secure placement in accordance with Article 15 paragraph 2 of the JCLA. c.456 seven years in the case of open placement in an institution or with private persons in accordance with Article 15 paragraph 1 JCLA. 4bis Convictions that solely involve out-patient treatment in accordance with Article 63 are removed ex officio after ten years. Convictions that involve out-patient treatment in accordance with Article 14 JCLA are removed ex officio after five years unless it is possible to calculate the period in accordance with paragraphs 1–4.457 4ter Convictions that solely involve a measure under Article 66 paragraph 1, 67 paragraph 1 or 67e of this Code or under Articles 48, 50 paragraph 1 or 50e of the Military Criminal Code458 are removed ex officio after ten years.459 5 The periods in accordance with paragraph 4 are extended by the duration of the remainder of the sentence. 5bis Convictions that include an expulsion order remain on the register until the death of the person concerned. If the person concerned is not resident in Switzerland, the conviction is removed from the register at

453 SR 311.1 454 Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 455 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 456 Inserted by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 457 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions)(AS 2006 3539 3544; BBl 2005 4689). Amended by Annex No 2 of the Federal Act of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917). 458 SR 321.0 459 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

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the latest 100 years after his birth. If the person concerned acquires Swiss citizenship, he may apply to have the conviction removed in accordance with periods set out in paragraphs 1–5 eight years after naturalisation.460 6 The period begins to run: a. in the case of convictions under paragraphs 1, 3 and 4ter: on the day on which the conviction becomes legally enforceable; b. in the case of convictions under paragraphs 4 and 4bis: on the day on which the measure is revoked or the person concerned receives his final discharge from the measure.461 7 After removal, the entry may no longer be reconstructed. The removed conviction may no longer be cited against the person concerned. 8 Data from the register of convictions must not be archived.

Art. 369a462 Removal of Convictions that involve a prohibition order under Article 67 para- convictions involving an graph 2, 3 or 4 or under Article 67b of this Code, under Article 50 activity prohibi- paragraph 2, 3 or 4 or under Article 50b MCC463 or under Article 16a tion order or a contact prohibi- JCLA464shall be removed ten years after the expiry of the prohibition tion and order. If the terms are longer under under Article 369, then these terms exclusion order apply.

Art. 370 Right to inspect 1 Any person has the right to inspect the entire entry relating to him. 2 No copy may be issued.

Art. 371 Extract for 1 Any person may request the Swiss Central Register of Convictions to private individu- als465 issue a written extract from the register of criminal convictions relating

460 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 461 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 462 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 463 SR 321.0 464 SR 311.1 465 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

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to him. The extract lists convictions for felonies and misdemeanours; convictions for contraventions appear in the extract only if an activity prohibition order or a contact prohibition and exclusion order in accordance with Article 67 or 67b of this Code or under Article 50 or 50b MCC466 or under Article 16a JCLA467was imposed.468 2 Juvenile convictions appear in the extract from the register of convictions only if the person concerned was convicted as an adult of additional offences that must be included in the extract from the register of convictions. 3 A conviction containing a sentence is no longer included in the extract from the register of convictions if two thirds of the period required for removal in accordance with Article 369 paragraphs 1–5 and 6 has elapsed.469 3bis A conviction containing a suspended or partially suspended sentence is no longer included in the extract from the register of convictions if the offender was of good behaviour until the expiry of the probationary period.470 4 A conviction containing a measure in addition to a sentence or a measure alone is no longer included in the extract from the register of convictions if half of the period required for removal in accordance with Article 369 paragraphs 1–5 and 6 has elapsed.471 4bis A conviction that includes an expulsion order appears in the extract from the register of convictions for as long as the person concerned is subject to the order. If the period under paragraph 3 or 4 is longer, it determines how long the order appears in the private extract.472 5 On expiry of the period in accordance with paragraphs 3, 4 and 4bis, the conviction remains in the extract from the register of convictions if

466 SR 321.0 467 SR 311.1 468 Amended by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 469 Amended by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 470 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 471 Amended by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 472 Inserted by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

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it contains a conviction in respect of which the period has not yet expired.473

Art. 371a474 Special private 1 Any person who applies to carry on a professional or organised non- extract professional activity that involves regular contact with minors or with other especially vulnerable persons or who carries on such an activity may request a special private extract register of convictions relating to his person. 2 Along with the application, he must submit written confirmation in which the employer or the organisation requesting him to provide the special private extract confirms that: a. the applicant is applying to carry on or is carrying on the activity under paragraph 1; and b. he must provide the special private extract for the purpose of the new activity or of continuing existing activity. 3 The special private extract displays: a. convictions that involve an activity prohibition order under Ar- ticle 67 paragraph 2, 3 or 4 of this Code or under Article 50 paragraph 2, 3 or 4 MCC475; b. convictions that involve a contact prohibition and exclusion order under Article 67b of this Code or under Article 50b MCC, provided this prohibition order was imposed in order to protect minors or other especially vulnerable persons; c. convictions against juveniles that involve an activity prohibition order under Article 16a paragraph 1 JCLA476 or a contact prohibition and exclusion order under Article 16a paragraph 2 JCLA that was imposed in order to protect minors or other especially vulnerable persons. 4 A conviction shall be displayed in the special private extract for as long as a prohibition order under paragraph 3 involved therein continues to apply.

473 Amended by No I 1 of the Federal Act of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). 474 Inserted by No I 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). 475 SR 321.0 476 SR 311.1

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Title Seven: Execution of Sentences and Measures, Probation Assistance, Institutions and Facilities

Art. 372 1. Duty to 1 The cantons shall execute the judgments issued by their criminal execute sentences and measures courts on the basis of this Code. They are obliged to execute the judgments of the federal criminal justice authorities in return for the reim- bursement of their costs. 2 Decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments. 3 The cantons shall guarantee the uniform execution of criminal sanctions.477

Art. 373 2. Monetary Legally binding decisions issued on the basis of federal or cantonal penalties, fines, costs and criminal law relating to monetary penalties, fines, costs and the forfei- forfeitures ture of property or assets may be executed anywhere in Switzerland. Execution

Art. 374 Right of disposal 1 The cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this Code. 2 The Confederation is entitled to the proceeds of the cases judged by the Criminal Chamber of the Federal Criminal Court. 3 The use of proceeds for the benefit of persons harmed in accordance with Article 73 is reserved. 4 The provisions of the Federal Act of 19 March 2004478 on the Divi- sion of Forfeited Assets are reserved.479

Art. 375 3. Community 1 The cantons are responsible for the execution of community service service orders. 2 The competent authority decides on the nature and form of community service to be performed.

477 Inserted by No II 2 of the Federal Act of 6 Oct. 2006 on the New System of Financial Equalisation and the Division of Tasks between the Confederation and the Cantons (NFA), in force since 1 Jan. 2008 (AS 2007 5779 5817; BBl 2005 6029). 478 SR 312.4 479 Inserted by Annex No 1 of the Federal Act of 19 March 2004 on the Division of Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441).

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3 The statutory maximum number of working hours may be exceeded in the performance of community service. The regulations on health and safety in the workplace remain applicable.

Art. 376 4. Probation 1 The cantons organise the system of probation assistance. They may assistance delegate this duty to private organisations. 2 Probation assistance is normally the responsibility of the canton in which the probationer is resident.

Art. 377 5. Institutions 1 The cantons shall establish and operate institutions and institution and facilities Duty of the units for prison inmates in open and secure custody as well as for cantons to prison inmates in semi-detention and in the day release employment. establish and operate 2 They may also provide units for special inmate groups, and in particular for: a. women; b. prison inmates of specific age groups; c. prison inmates serving very long or very short sentences; d. prison inmates that require constant care or treatment or are receiving basic or advanced training. 3 They shall establish and operate the institutions provided for in this Code for the execution of measures. 4 They shall ensure that the regulations and the operation of the institutions and facilities comply with this Code. 5 They shall facilitate the basic and advanced training of the staff.

Art. 378 Cooperation 1 The cantons may enter into agreements on the joint establishment between the cantons and operation of institutions and facilities or secure themselves a right of joint use of the institutions and facilities belonging to other cantons. 2 The cantons shall inform each other of the special features of their institutions and facilities, and in particular of the range of care, treatment and employment services; they shall cooperate in the allocation of prison inmates to institutions and facilities.

Art. 379 Licensing of 1 The cantons may grant licences to privately run institutions and private institutions facilities authorising them to execute sentences in the form of semi-

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detention and of day release employment together with measures under Articles 59–61 and 63. 2 Privately run institutions and facilities are subject to the supervision of the cantons.

Art. 380 Allocation of 1 The costs of the execution of sentences and measures are borne by costs the cantons. 2 The offender shall contribute in an appropriate manner to the costs: a. by performing work while serving a sentence or undergoing a measure; b. in accordance with his income or assets if he refuses to perform work assigned to him even though the work satisfies the requirements of Articles 81 or 90 paragraph 3; or c. by deduction of part of the income due to him as payment for an activity while in semi-detention, on day release employment or in external accommodation combined with day release employment. 3 The cantons shall issue detailed regulations on offenders' contributions to costs.

Title 7a:480 Liability in Cases of Discharge from Lifelong Incarceration

Art. 380a 1 If a person subject to lifelong incarceration is released on parole or discharged from incarceration and commits a felony mentioned in Article 64 paragraph 1bis, the responsible body politic is liable for the resultant injury and loss. 2 In relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the Code of Obligations481 on unlawful acts apply. 3 In relation to rights of recourse against the members of the authority issuing the order, cantonal law or the Government Liability Act of 14 March 1958482 applies.

480 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). 481 SR 220 482 SR 170.32

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Title Eight: Pardons, Amnesties, Re-opening of Cases

Art. 381 1. Pardons The right to grant a pardon in relation to convictions based on this Jurisdiction Code or any other federal act is exercised: a. by the Federal Assembly in cases in which the Criminal Chamber of the Federal Criminal Court or an administrative authority of the Confederation has passed judgment; b. by the pardons authority of the Canton in cases in which a cantonal authority has passed judgment.

Art. 382 Pardon petition 1 The petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse or registered partner.483 2 In the case of political felonies and misdemeanours and in the case of offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure. 3 The pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period.

Art. 383 Effects 1 A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence. 2 The pardon decree specifies the extent of the pardon.

Art. 384 2. Amnesties 1 The Federal Assembly may grant an amnesty in criminal matters governed by this Code or any other federal act. 2 An amnesty excludes the prosecution of specific offences or categories of offender and grants the remission of related sentences.

Art. 385 3. Re-opening In the case of convictions based on this Code or any other federal act, of cases where important information or evidence comes to light that was not

483 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).

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available to the court at the time of the earlier proceedings, the cantons must allow the re-opening of the case for the benefit of the offender.

Title Nine: Preventive Measures, Supplementary Provisions and General Transitional Provisions

Art. 386484 1. Preventive 1 The Confederation may employ investigative, educational and further measures measures aimed at preventing specific offences and crime in general. 2 It may support projects that have the aim mentioned in paragraph 1. 3 It may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations. 4 The Federal Council regulates the nature, aims and form of the preventive measures.

Art. 387 2. Supplemen- 1 The Federal Council has the power after consulting the cantons to tary provisions of the Federal enact provisions on: Council a. the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously; b. the assignment of the responsibility for executing sentences and measures to another canton; c. the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons; d. the execution of sentences and measures in cases under Article 80 involving women; e. the wages paid to prison inmates in accordance with Article 83. 1bis The Federal Council enacts the required provisions on the establishment of the Federal Commission for the Assessment of the Treata- bility of Offenders subject to Lifelong Incarceration (Art. 64c para. 1) relating to the appointment of members of the Commission and their remuneration, procedures and the organisation of the Commission.485

484 In force since 1 Jan. 2006 in accordance with the Ordinance of 2 Dec. 2005 (AS 2005 5723) 485 Inserted by No I of the Federal Act of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

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2 The Federal Council may at the request of the responsible cantonal authority issue special provisions on the separation of the institutions of the Canton of the Ticino. 3 The Federal Council may provide that data removed from the register of criminal convictions be preserved for research purposes; if such data is preserved, the privacy of the persons concerned must be protected and the principles of data protection must be complied with. 4 The Federal Council may by way of a trial and for limited time: a. introduce or permit new penalties and measures as well as new forms of execution and modify the scope of application of existing sanctions and forms of execution; b. introduce or permit the delegation of the execution of custodial sentences to privately run institutions that satisfy the requirements of this Code relating to the implementation of sentences (Art. 74–85, 91 and 92). These institutions are subject to the supervision of the cantons. 5 The cantonal implementing provisions for the trial of new sanctions and forms of execution and the execution of sentences by privately run institutions (para. 4) require the approval of the Confederation in order to be valid.

Art. 388 3. General 1 Judgments issued in application of the previous law are executed in transitional provisions accordance with the previous law. The exceptions in paragraphs 2 and Execution of 3 are reserved. earlier judgments 2 Where an act that does not carry a penalty under the new law has led to conviction under the previous law, the sentence or measure imposed is no longer executed. 3 The provisions of the new law on the regime for the execution of sentences and measures and on the rights and obligations of prison inmates also apply to offenders who have been convicted in accordance with the previous law.

Art. 389 Limitation 1 Unless the law provides otherwise, the provisions of the new law on time limits for prosecution and the execution of sentences and measures, if they are less strict, also apply to offenders who have committed offences or been convicted before this Code comes into force. 2 The periods of time that have elapsed before the new law comes into force are taken into account.

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Art. 390 Offences 1 In the case of offences that are only prosecuted on complaint, the prosecuted on complaint period for filing a complaint is calculated in accordance with the law that applied at the time of the offence. 2 If the new law requires a complaint to be filed in respect of an offence that was prosecuted ex officio under the previous law, the period for filing the complaint begins when the new law comes into force. If the prosecution has already been initiated, it may only be continued if a complaint is filed. 3 If the new law stipulates the ex officio prosecution of an offence that was only prosecuted on complaint under the previous law, an offence committed before the new law comes into force is only prosecuted if a complaint is filed.

Art. 391 4. Cantonal The cantons shall notify the Confederation of the required transitional transitional provisions provisions to the Swiss Criminal Code.

Art. 392 5. Commence- This Code comes into force on 1 January 1942. ment of this Code

Final Provisions of the Amendment of 18 March 1971486

Final Provisions of the Amendment of 13 December 2002487 1. Execution of sentences 1 Article 46 applies to the revocation of the suspended execution of a sentence ordered under the previous law. The court may impose a monetary penalty (Art. 34– 36) or community service (Art. 37–39) instead of a custodial sentence. 2 The secondary penalties imposed under the previous law of disqualification from holding public office (prev. Art. 51488), revocation of parental authority and placing under guardianship (prev. Art. 53489), expulsion due to conviction for an offence

486 Federal Act of 18 March 1971, in force since 1 July 1971 (AS 1971 777 807; BBl 1965 I 561) and for Art. 49 No 4 para. 2, 82–99, 370, 372, 373, 379 No 1 para. 2, 385 and 391 in force since 1 Jan. 1974 (AS 1973 1840). Repealed by No IV of the Federal Act of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). 487 AS 2006 3459 3535; BBl 1999 1979 488 AS 1971 777 489 BS 3 203

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(prev. Art.. 55490), prohibition from entering premises licensed to sell alcohol (prev. Art.. 56491) are repealed when the new law comes into force. 3 The provisions of the new law on the execution of custodial sentences (Art. 74–85, 91 and 92) and on probation assistance, conduct orders and the voluntary social supervision (Art. 93–96) also apply to offenders who were convicted under the previous law. 2.492 Imposition and execution of measures 1 The provisions of the new law on measures (Art. 56–65) and on the execution of measures (Art. 90) also apply to offenders who committed an offence or were convicted before the new law comes into force. However the following also applies: a. The retrospective ordering of indefinite incarceration in accordance with Article 65 paragraph 2 is permitted only if indefinite incarceration would have been possible on the basis of Article 42 or 43 number 1 paragraph 2 of the previous law. b. The detention of young adults in a vocational training institution (Art. 100bis in its version of 18 March 1971493) and any measure for young adults (Art. 61) may not be for a period in excess of four years. 2 Until twelve months at the latest after the new law comes into force, the court shall assess whether persons indefinitely incarcerated under Articles 42 or 43 number 1 paragraph 2 of the previous law fulfil the requirements for imposing a therapeutic measure (Art. 59–61 or 63). If they do, the court shall impose the relevant; if not, indefinite incarceration is continued in accordance with the new law. 3. Register of criminal convictions 1 The provisions of the new law on the register of criminal convictions (Art. 365– 371) also apply to convictions under the previous law. 2 By six months at the latest after the new law comes into force, the competent authority shall ex officio remove entries relating to: a. educative measures (Art. 91 in its version of 18 March 1971494), with the exception of those ordered on the basis of Article 91 number 2 in its version of 18 March 1971; b. special treatment (Art. 92 in its version of 18 March 1971); c. the obligation to perform work (Art. 95 in its version of 18 March 1971).495

490 AS 1951 1 491 BS 3 203 492 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 493 AS 1971 777 494 AS 1971 777 495 Amended by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

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3 Entries deleted under the previous law are no longer included in the extract from the register of convictions for private individuals.496 4. Institutions for the execution of measures The cantons shall establish institutions for the implementation of measures under Articles 59 paragraph 3 and 64 paragraph 3 within ten years at the latest of these amendments coming into force.

Transitional Provision to the Amendment of 12 December 2014497 Article 305bis does not apply to aggravated tax misdemeanours as defined in Article 305bis number 1bis that were committed before the amendment of 12 December 2014 comes into force.

Transitional Provision to the Amendment of 26 September 2014498 The right to information under Article 92a also applies to the execution of sentences and measures that was ordered under the previous law.

496 Inserted by No I of the Federal Act of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). 497 AS 2015 1389; BBl 2014 605 498 AS 2015 1623; BBl 2014 889 913

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Table of contents Book One: General Provisions Part One: Felonies and Misdemeanours Title One: Scope of Application 1. No penalty without a law Art. 1 2. Commencement of applicability of the Code Art. 2 3. Territorial scope of application. Felonies or misdemeanours in Switzerland Art. 3 Felonies or misdemeanours against the state committed abroad Art. 4 Offences against minors abroad Art. 5 Offences committed abroad prosecuted in terms of an international obligation Art. 6 Other offences committed abroad Art. 7 Place of commission Art. 8 4. Personal scope of application Art. 9 Title Two: Criminal Liability 1. Felonies and misdemeanours. Definition Art. 10 Commission by omission Art. 11 2. Intention and negligence. Definitions Art. 12 Error of fact Art. 13 3. Lawful acts and guilt. Act permitted by law Art. 14 Legitimate self-defence Art. 15 Mitigatory self-defence Art. 16 Legitimate act in a situation of necessity Art. 17 Mitigatory act in a situation of necessity Art. 18 Absence of legal responsibility due to a mental disorder and diminished responsibility Art. 19 Doubt as to legal responsibility Art. 20 Error as to unlawfulness Art. 21 4. Attempts. Criminal liability for attempts Art. 22 Withdrawal and active repentance Art. 23

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5. Participation. Incitement Art. 24 Complicity Art. 25 Participation in a special offence Art. 26 Personal circumstances Art. 27 6. Criminal liability of the media Art. 28 Protection of sources Art. 28a 7. Agency relationships Art. 29 8. Criminal complaint. Right to file a complaint Art. 30 Time limit for filing a complaint Art. 31 Indivisibility Art. 32 Withdrawal of a complaint Art. 33 Title Three: Sentences and Measures Chapter One: Sentences Section One: Monetary Penalties, Community Service, Custodial Sentences 1. Monetary penalty. Assessment Art. 34 Execution Art. 35 Alternative custodial sentence Art. 36 2. Community service. Type of work Art. 37 Execution Art. 38 Conversion Art. 39 3. Custodial sentence. In general Art. 40 Short unsuspended custodial sentence Art. 41 Section Two: Suspended and Partially Suspended Sentences 1. Suspended sentences Art. 42 2. Partially suspended sentences Art. 43 3. General provisions. Probationary period Art. 44 Successful completion of probation Art. 45 Breach of probation Art. 46

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Section Three: Determination of the Sentence 1. Principle Art. 47 2. Mitigation of the sentence. Grounds Art. 48 Effect Art. 48a 3. Concurrent sentencing Art. 49 4. Obligation to justify Art. 50 5. Taking account of pre-trial detention Art. 51 Section Four: Exemption from Punishment and Abandonment of Proceedings 1. Grounds for exemption from punishment. No need for a penalty Art. 52 Reparation Art. 53 Effect on the offender of his act Art. 54 2. General provisions Art. 55 3. Discontinuation of proceedings. Spouse, registered partner, or partner as victim Art. 55a Chapter Two: Measures Section One: Therapeutic Measures and Indefinite Incarceration 1. Principles Art. 56 Concurrent measures Art. 56a Relationship between measures and penalties Art. 57 Implementation Art. 58 2. In-patient therapeutic measures. Treatment of mental disorders Art. 59 Treatment of addiction Art. 60 Measures for young adults Art. 61 Parole Art. 62 Breach of probation Art. 62a Final release Art. 62b Termination of a measure Art. 62c Consideration of release and the termination of measures Art. 62d 3. Out-patient treatment. Requirements and implementation Art. 63 Termination of the measure Art. 63a

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Execution of the suspended custodial sentence Art. 63b 4. Indefinite incarceration. Requirements and execution Art. 64 Revocation and release Art. 64a Consideration of release Art. 64b Consideration of release from lifelong incarceration and parole Art. 64c 5. Modification of the sanction Art. 65 Section Two: Other Measures 1. Good behaviour bond Art. 66 1a. Expulsion a. Mandatory expulsion Art. 66a b. Non-mandatory expulsion Art. 66abis c. Common provision. Repeat offense Art. 66b d. Time of enforcement Art. 66c e. Deferring enforcement of mandatory expulsion Art. 66d 2. Prohibition from practising a profession Art. 67 Implementation Art. 67a 3. Disqualification from driving Art. 67b 4. Publication of the judgment Art. 68 5. Forfeiture. a. Forfeiture of dangerous objects Art. 69 b. Forfeiture of assets. Principles Art. 70 Equivalent claim Art. 71 Forfeiture of assets of a criminal organisation Art. 72 6. Use for the benefit of the person harmed Art. 73 Title Four: Execution of Custodial Sentences and Custodial Measures 1. Principles Art. 74 2. Execution of custodial sentences. Principles Art. 75 Special security measures Art. 75a Place of execution Art. 76 Normal execution Art. 77 Day release employment and external accommodation Art. 77a Semi-detention Art. 77b

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Solitary confinement Art. 78 Form of execution of short custodial sentences Art. 79 Other forms of sentence execution Art. 80 Work Art. 81 Basic and advanced training Art. 82 Wages Art. 83 Relations with the outside world Art. 84 Searches and inspections Art. 85 Parole. a. Granting of parole Art. 86 b. Probationary period Art. 87 c. Successful completion of probation Art. 88 d. Breach of probation Art. 89 3. Execution of measures Art. 90 4. General provisions. Disciplinary regulations Art. 91 Interruption of execution Art. 92 Title Five: Probation Assistance, Conduct Orders and Voluntary Social Supervision Probation assistance Art. 93 Conduct orders Art. 94 General provisions Art. 95 Social assistance Art. 96 Title Six: Limitation 1. Limitation of prosecution rights. Periods Art. 97 Commencement Art. 98 2. Limitation period for the execution of a sentence. Periods Art. 99 Commencement Art. 100 3. Exclusion from limitation Art. 101 Title Seven: Corporate Criminal Liability Liability under the criminal law Art. 102 Repealed Art. 102a

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Part Two: Contraventions Definition Art. 103 Application of the provisions of the First Part Art. 104 No or conditional applicability Art. 105 Fines Art. 106 Community service Art. 107 Repealed Art. 108 Limitation Art. 109 Part Three: Terms and Definitions Art. 110 Book Two: Specific Provisions Title One: Offences against Life and Limb 1. Homicide. Intentional homicide Art. 111 Murder Art. 112 Manslaughter Art. 113 Homicide at the request of the victim Art. 114 Inciting and assisting suicide Art. 115 Infanticide Art. 116 Homicide through negligence Art. 117 2. Abortion. Illegal abortion Art. 118 Legal abortion Art. 119 Contraventions by physicians Art. 120 Repealed Art. 121 3. Assault. Serious assault Art. 122 Common assault Art. 123 Female genital mutilation Art. 124 Assault through negligence Art. 125 Acts of aggression Art. 126 4. Endangering the life or health of another. Abandonment Art. 127 Failure to offer aid in an emergency Art. 128 False alarm Art. 128bis

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Endangering life Art. 129 Repealed Art. 130–132 Brawling Art. 133 Attack Art. 134 Representations of acts of violence Art. 135 Administering substances capable of causing injury to children Art. 136 Title Two: Offences against Property 1. Offences against property. Unlawful appropriation Art. 137 Misappropriation Art. 138 Theft Art. 139 Robbery Art. 140 Removal of property Art. 141 Unlawful use of financial assets Art. 141bis Unlawful abstraction of energy Art. 142 Unauthorised obtaining of data Art. 143 Unauthorised access to a data processing system Art. 143bis Criminal damage Art. 144 Damage to data Art. 144bis Misappropriation and removal of property subject to a pledge or lien Art. 145 Fraud Art. 146 Computer fraud Art. 147 Misuse of a cheque card or credit card Art. 148 Unlawful claim for social insurance or social assistance benefits Art. 148a Making off from a hotel, restaurant or bar without payment Art. 149 Obtaining a service without payment Art. 150 Production and marketing of equipment for the unauthorised decoding of encoded services Art. 150bis Maliciously causing financial loss to another Art. 151 False statements about commercial business Art. 152 False statements to the commercial register authorities Art. 153 Repealed Art. 154 Counterfeiting of goods Art. 155 Extortion Art. 156 Profiteering Art. 157 Criminal mismanagement Art. 158

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Misuse of salary deductions Art. 159 Handling stolen goods Art. 160 Repealed Art. 161 Repealed Art. 161bis 2. Breach of manufacturing or trade secrecy Art. 162 3. Bankruptcy and debt collection felonies or misdemeanours. Fraudulent bankruptcy and fraud against seizure Art. 163 Reduction of assets to the prejudice of creditors Art. 164 Mismanagement Art. 165 Failure to keep proper accounts Art. 166 Undue preference to creditors Art. 167 Subornation in enforcement proceedings Art. 168 Disposal of seized assets Art. 169 Obtaining a judicial composition agreement by fraud Art. 170 Judicial composition agreement Art. 171 Revocation of bankruptcy Art. 171bis 4. General provisions. Art. 172 Combination of a custodial sentence with a monetary penalty Art. 172bis Minor offences against property Art. 172ter Title Three: Offences against Personal Honour and in Breach of Secrecy or Privacy 1. Offence against personal honour. Defamation Art. 173 Wilful defamation Art. 174 Defamation of a deceased person or of a person missing presumed dead Art. 175 General provision Art. 176 Insult Art. 177 Limitation Art. 178 2. Offences in breach of privacy or secrecy. Breach of the privacy of a sealed document Art. 179 Listening in on and recording the conversations of others Art. 179bis Unauthorised recording of conversations Art. 179ter Breach of secrecy or privacy through the use of an image- carrying device Art. 179quater Legal recordings Art. 179quinquies

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Marketing and promotion of devices for unlawful listening or sound or image recording Art. 179sexies Misuse of a telecommunications installation Art. 179septies Official surveillance, exempted acts Art. 179octies Obtaining personal data without authorisation Art. 179novies Title Four: Felonies and Misdemeanours against Liberty Threatening behaviour Art. 180 Coercion Art. 181 Forced marriage, forced registered partnership Art. 181a Trafficking in human beings Art. 182 False imprisonment and abduction Art. 183 Aggravating circumstances Art. 184 Hostage taking Art. 185 Enforced disappearance Art. 185bis Unlawful entry Art. 186 Title Five: Offences against Sexual Integrity 1. Endangering the development of minors. Sexual acts with children Art. 187 Sexual acts with dependent persons Art. 188 2. Offences against sexual liberty and honour. Indecent assault Art. 189 Rape Art. 190 Sexual acts with persons incapable of judgement or resistance Art. 191 Sexual acts with persons in institutional care, prisoners and persons on remand Art. 192 Exploitation of a person in a position of need or dependency Art. 193 Indecent conduct Art. 194 3. Exploitation of sexual acts. Encouraging prostitution Art. 195 Sexual acts with minors against payment Art. 196 4. Pornography Art. 197 5. Contraventions against sexual integrity. Sexual harassment Art. 198 Unauthorised practice of prostitution Art. 199

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6. Joint commission Art. 200 Repealed Art. 201–212 Title Six: Felonies and Misdemeanours against the Family Incest Art. 213 Repealed Art. 214 Bigamy Art. 215 Repealed Art. 216 Neglect of duty to support the family Art. 217 Repealed Art. 218 Neglect of duties of care, supervision or education Art. 219 Abduction of minors Art. 220 Title Seven: Felonies and Misdemeanours constituting a Public Danger Arson Art. 221 Negligent arson Art. 222 Causing an explosion Art. 223 Misuse of explosives and toxic gases with criminal intent Art. 224 Misuse of explosives or toxic gases without criminal intent or through negligence Art. 225 Manufacture, concealment and transport of explosives and toxic gases Art. 226 Causing danger by means of nuclear energy, radioactivity or ionising radiation Art. 226bis Preparatory offences Art. 226ter Causing a flood, collapse or landslide Art. 227 Criminal damage to electrical installations, and hydraulic or protective structures Art. 228 Violation of construction regulations Art. 229 Removal or non-installation of safety devices Art. 230

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Title Eight: Felonies and Misdemeanours against Public Health Causing danger by means of genetically modified or pathogenic organisms Art. 230bis Transmission of human diseases Art. 231 Transmission of an epizootic disease Art. 232 Propagation of harmful parasites Art. 233 Contamination of drinking water Art. 234 Production of harmful animal feed Art. 235 Marketing of harmful animal feed Art. 236 Title Nine: Felonies and Misdemeanours against Public Traffic Disruption of public traffic Art. 237 Disruption of rail traffic Art. 238 Disruption of public services Art. 239 Title Ten: Counterfeiting of Money, Official Stamps, Official Marks, Weights and Measures Counterfeiting money Art. 240 Falsification of money Art. 241 Passing or tendering counterfeit money Art. 242 Imitation of bank notes, coins or official stamps without intent to commit forgery Art. 243 Import, acquisition and storage of counterfeit money Art. 244 Forgery of official stamps Art. 245 Forgery of official marks Art. 246 Counterfeiting equipment and unlawful use of equipment Art. 247 Falsification of weights and measures Art. 248 Forfeiture Art. 249 Foreign currency and stamps Art. 250 Title Eleven: Forgery Forgery of a document Art. 251 Forgery of certificates Art. 252 Obtaining a false certificate by fraud Art. 253

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Suppression of documents Art. 254 Official foreign documents Art. 255 Moving of boundary markers Art. 256 Removal of survey points and water level indicators Art. 257 Title Twelve: Felonies and Misdemeanours against Public Order Causing fear and alarm among the general public Art. 258 Public incitement to commit a felony or act of violence Art. 259 Rioting Art. 260 Acts preparatory to the commission of an offence Art. 260bis Criminal organisation Art. 260ter Endangering public safety with weapons Art. 260quater Financing terrorism Art. 260quinquies Attack on the freedom of faith and the freedom to worship Art. 261 Racial discrimination Art. 261bis Disturbing the peace of the dead Art. 262 Committing an offence while in a state of voluntarily induced mental incapacity Art. 263 Title Twelvebis: Genocide and Crimes against Humanity Genocide Art. 264 Crimes against humanity Art. 264a a. Intentional homicide b. Extermination c. Enslavement d. False imprisonment e. Enforced disappearance of persons f. Torture g. Violation of sexual rights h. Deportation or forcible transfer i. Persecution and apartheid j. Other inhumane acts Title Twelveter: War Crimes 1. Scope of application Art. 264b

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2. Serious violations of the Geneva Conventions Art. 264c 3. Other war crimes a. Attacks on civilians and civilian objects Art. 264d b. Unjustified medical treatment, violation of sexual rights and human dignity Art. 264e c. Recruitment and use of child soldiers Art. 264f d. Prohibited methods of warfare Art. 264g e. Use of prohibited weapons Art. 264h 4. Violation of a ceasefire or peace agreement. Offences against a peace negotiator. Delayed repatriation of prisoners of war Art. 264i 5. Other violations of international humanitarian law Art. 264j Title Twelvequater: Common Provisions for Title Twelvebis and Title Twelveter Criminal liability of superiors Art. 264k Acting on orders Art. 264l Acts carried out abroad Art. 264m Exclusion of relative immunity Art. 264n Title Thirteen: Felonies and Misdemeanours against the State and National Security 1. Felonies and misdemeanours against the state. High treason Art. 265 Attacks on the independence of the Confederation Art. 266 Foreign operations and activities directed against the security of Switzerland Art. 266bis Diplomatic treason Art. 267 Moving of national boundary markers Art. 268 Violation of Swiss territorial sovereignty Art. 269 Attacks on Swiss national emblems Art. 270 Unlawful activities on behalf of a foreign state Art. 271 2. Espionage. Political espionage Art. 272 Industrial espionage Art. 273 Military espionage Art. 274 3. Endangering the constitutional order. Attacks on the constitutional order Art. 275

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Subversive propaganda Art. 275bis Unlawful association Art. 275ter 4. Disruption of military security. Incitement and inducement to violate military duties Art. 276 Forgery of military orders or instructions Art. 277 Disruption of military service Art. 278 Title Fourteen: Misdemeanours against the Will of the People Disruption and obstruction of elections and votes Art. 279 Attacks on the right to vote Art. 280 Corrupt electoral practices Art. 281 Electoral fraud Art. 282 Vote catching Art. 282bis Breach of voting secrecy Art. 283 Repealed Art. 284 Title Fifteen: Offences against Official Powers Violence and threats against public authorities and public officials Art. 285 Prevention of an official act Art. 286 Usurpation of office Art. 287 Repealed Art. 288 Removal of seized property Art. 289 Breaking the seals Art. 290 Breach of an expulsion order Art. 291 Contempt of official orders Art. 292 Publication of secret official proceedings Art. 293 Breach of a prohibition from practising a profession Art. 294 Repealed Art. 295 Title Sixteen: Offences detrimental to Foreign Relations Insulting a foreign state Art. 296 Insulting an international organisation Art. 297 Attacks on the national emblems of a foreign state Art. 298

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Violation of foreign territorial sovereignty Art. 299 Hostility towards a country at war or foreign troops Art. 300 Military espionage against a foreign state Art. 301 Prosecution Art. 302 Title Seventeen: Felonies and Misdemeanours against the Administration of Justice False accusation Art. 303 Misleading the judicial authorities Art. 304 Assisting offenders Art. 305 Money laundering Art. 305bis Insufficient diligence in financial transactions and right to report Art. 305ter Perjury by a party to civil proceedings Art. 306 Perjury. Perjury by an expert witness. False translation Art. 307 Mitigation of the sentence Art. 308 Administrative cases and proceedings before international courts Art. 309 Assisting prisoners to escape Art. 310 Prison mutiny Art. 311 Title Eighteen: Offences against Official or Professional Duty Abuse of public office Art. 312 Overcharging of taxes Art. 313 Misconduct in public office Art. 314 Repealed Art. 315–316 Forgery of a document by a public official Art. 317 Exempted acts Art. 317bis Issuing a false medical certificate Art. 318 Assistance by a public official in the escape of prisoners Art. 319 Breach of official secrecy Art. 320 Breach of professional confidentiality Art. 321 Breach of professional confidentiality in research involving human beings Art. 321bis

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Breach of postal or telecommunications secrecy Art. 321ter Breach of the media duty to provide information Art. 322 Failure to prevent an illegal publication Art. 322bis Title Nineteen: Bribery 1. Bribery of Swiss public officials. Bribery Art. 322ter Acceptance of bribes Art. 322quater Granting an advantage Art. 322quinquies Acceptance of an advantage Art. 322sexies 2. Bribery of foreign public officials Art. 322septies 3. General provisions Art. 322octies Title Twenty: Contraventions of Federal Law Failure of a debtor to comply with the regulations governing Debt Enforcement and Bankruptcy proceedings Art. 323 Failure of third parties to comply with the regulations governing debt collection, bankruptcy and composition proceedings Art. 324 Failure to comply with accounting regulations Art. 325 Failure to comply with the regulations governing the protection of tenants of domestic and commercial properties Art. 325bis Application to legal entities, trading companies and sole proprietorships 1. … Art. 326 2. In cases falling under Article 325bis Art. 326bis Contravention of the law on business and other names Art. 326ter Provision of false information by an employee benefits institution Art. 326quater Repealed Art. 327 Reproduction of postage stamps without intent to commit forgery Art. 328 Breach of military secrecy Art. 329 Trading in material requisitioned by the armed forces Art. 330 Unauthorised wearing of the military uniform Art. 331 Failure to report a find Art. 332

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Book Three: Introduction and Application of the Code Title One: Relationship between this Code and other Federal and Cantonal Acts Application of the General Provisions to other federal acts Art. 333 Reference to repealed provisions Art. 334 Cantonal acts Art. 335 Title Two: … Repealed Art. 336-338 Title Three: … Repealed Art. 339-348 Title Four: Administrative Assistance on Police Matters 1. … Art. 349 2. Cooperation with INTERPOL. a. Jurisdiction Art. 350 b. Tasks Art. 351 c. Data protection Art. 352 d. Financial aid and other payments Art. 353 3. Cooperation in connection with the identification of persons Art. 354 4. … Art. 355 5. Cooperation with Europol a. Exchange of data Art. 355a b. Extension of mandate Art. 355b 5bis. Cooperation under the Schengen Association Agreement. Jurisdiction Art. 355c 5ter. … Art. 355d 5quater. SIRENE Office Art. 355e 5quinquies. Judicial cooperation under the Schengen- Association Agreements: Disclosure of personal data a. To a third country or international body Art. 355f b. To a natural or legal person Art. 355g Repealed Art. 356-361 6. Notification in relation to pornography Art. 362

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Title Five: Notification of Offences against Minors Repealed Art. 363 Right to report Art. 364 Title Six: Register of Criminal Convictions Purpose Art. 365 Content Art. 366 Processing of and access to data Art. 367 Notice of information subject to registration Art. 368 Removal of entries Art. 369 Right to inspect Art. 370 Extract from the register of convictions for private individuals Art. 371 Title Seven: Execution of Sentences and Measures, Probation Assistance, Institutions and Facilities 1. Duty to execute sentences and measures Art. 372 2. Monetary penalties, fines, costs and forfeitures. Execution Art. 373 Right of disposal Art. 374 3. Community service Art. 375 4. Probation assistance Art. 376 5. Institutions and facilities. Duty of the cantons to establish and operate Art. 377 Cooperation between the cantons Art. 378 Licensing of private institutions Art. 379 Allocation of costs Art. 380 Title 7a: Liability in Cases of Discharge from Lifelong Incarceration Repealed Art. 380a Title Eight: Pardons, Amnesties, Re-opening of Cases 1. Pardons. Jurisdiction Art. 381 Pardon petition Art. 382 Effects Art. 383

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2. Amnesties Art. 384 3. Re-opening of cases Art. 385 Title Nine: Preventive Measures, Supplementary Provisions and General Transitional Provisions 1. Preventive measures Art. 386 2. Supplementary provisions of the Federal Council Art. 387 3. General transitional provisions. Execution of earlier judgments Art. 388 Limitation Art. 389 Offences prosecuted on complaint Art. 390 4. Cantonal transitional provisions Art. 391 5. Commencement of this Code Art. 392 Final Provisions of the Amendment of 18 March 1971 Final Provisions of the Amendment of 13 December 2002

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